Opinion
Argued September 10, 1976
December 10, 1976.
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]
Argued September 10, 1976, before President Judge BOWMAN and Judges MENCER and BLATT, sitting as a panel of three.
Appeal, No. 175 C.D. 1976, from the Order of the Workmen's Compensation Appeal Board in case of Monday Shannon v. Southwark Metal Mfg. Co., No. A-70624.
Petition with Department of Labor and Industry for workmen's compensation benefits. Benefits awarded. Employe and insurance carrier appealed to the Workmen's Compensation Appeal Board. Award affirmed. Penalties and attorney fees denied. Petitioner appealed to the Commonwealth Court of Pennsylvania. Held: Denial of penalties and attorney fees affirmed.
Edwin P. Smith, for appellant.
Leonard S. Lipson, with him Alfred Sarowitz, for appellees.
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.