Snizaski v. Workers' Compensation Appeal Board , 580 Pa. 549 ( 2004 )

862 A.2d 582 (2004)

Renee SNIZASKI, Widow of Randy Snizaski, Deceased, Petitioner
v.
WORKERS' COMPENSATION APPEAL BOARD (ROX COAL COMPANY), Respondents.

Supreme Court of Pennsylvania.

November 12, 2004.

ORDER

PER CURIAM.

AND NOW, this 12th day of November 2004, the Petition for Allowance of Appeal is granted limited to the following issue:

Whether it is an error of law and/or an abuse of discretion for a WCJ to award penalties against an employer who fails to pay benefits within 30 days pursuant to Section 428 of the Act, 77 P.S. § 921, in reliance upon a timely filed supersedeas request pursuant to 34 Pa.Code §§ 111.22-111.24.