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Monday Shannon v. Southwark Metal Manufacturing Co., Rockwood Insurance Co. and Workmen's Compensation Appeal Board. Monday Shannon, Appellant.

Workmen's compensation — Penalties and attorney's fees — The Pennsylvania Workmen's Compensation Act, Act 1915, June 2, P.L. 736.

1. No award of penalties and attorney's fees can be made to a claimant under The Pennsylvania Workmen's Compensation Act, Act 1915, June 2, P.L. 736, where the claimant does not prevail on his claim petition and is awarded no compensation benefits. [462-3]

OPINION BY JUDGE BLATT, December 10, 1976:

In view of the fact that we reversed the Workmen's Compensation Appeal Board (Board) and sustained the employer's appeal in Monday Shannon v. Southwark Metal Mfg. Co., 27 Pa. Commw. 463, ___ A.2d ___ (1976) and held there that compensation had been improperly awarded to the claimant in the case, we must here refuse the claimant's appeal and affirm the Board's refusal of penalties and attorney's fees. It is clear from a reading of Sections 440 and 435 of The Pennsylvania Workmen's Compensation Act, 77 P. S. § 996 and 991, that an award of penalties and attorney's fees can occur only when the employe is awarded compensation for his injury. Our reversal of the Board's compensation order, therefore, makes an award of penalties and attorney's fees now impossible.

Act of June 2, 1915, P.L. 736, as amended, 77 P. S. § 1 et seq.

ORDER

AND NOW, this 10th day of December, 1976, the order of the Workmen's Compensation Appeal Board denying penalties and counsel fees to this claimant is hereby affirmed.

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SHANNON v. SOUTHWARK METAL MFG. CO. ET AL
(Dec 10, 1976)