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Stitchick v. Workers' Compensation Appeal Board

Denial of claimant's petition vacated and denial of claimant's petition for remand reversed because Board abused its discretion in refusing to grant a rehearing so claimant could present new medical evidence that was material and not cumulative.

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Submitted: January 26, 2001

OPINION

Ernest Stitchick (Claimant) petitions for review of a decision of the Workers’ Compensation Appeal Board (Board) which denied Claimant’s request for a remand to the Workers’ Compensation Judge (WCJ) to present after-discovered evidence and affirmed the WCJ’s grant of Claimant’s claim petition for a closed period of disability. We reverse and remand with instructions that the requested hearing be granted.

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