LAWRENCE LUCAS V. WORKERS' COMPENSATION APPEAL BOARD (KLEEN ALL OF AMERICA, INC.) (Per Curiam Order)

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[J-45-2000] IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT LAWRENCE LUCAS, : : : v. : : : WORKERS' COMPENSATION APPEAL : BOARD (KLEEN ALL OF AMERICA, : INC.) , : : APPEAL OF: KLEEN ALL OF AMERICA, : INC. : No. 95 W.D. Appeal Docket 1999 Appeal from the Order of the Commonwealth Court entered February 17, 1999 at 2691 C.D. 1998 reversing the Order of the Workers' Compensation Appeal Board entered September 16, 1998 at No. A96-2095. SUBMITTED: March 7, 2000 ORDER PER CURIAM: AND NOW, this 19th day of June, 2000, the Order of the Commonwealth Court dated February 17, 1999 at No. 2691 C.D. 1998, is hereby REVERSED. See American Manufs. Mut. Ins. Co. v. Sullivan, 526 U.S. 40, 119 S.Ct. 977 (1999), rev g Sullivan v. Barnett, 139 F. 3d 158 (3d Cir. 1998). It is also ordered that this case be remanded to the Workers Compensation Judge for a calculation of the credit, if any, that is due Kleen All of America, Inc. for payments made to Doyle L. Tarwater, M.D. for medical treatment of appellee from December 27, 1994 through to May 29, 1996. Jurisdiction relinquished.

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