Workers' Compensation One Liners
Jane Lombard
 
 
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 September 2006
Average Weekly Wage:
Akers National Roll Co. v. WCAB (Whaley), 901 A.2d 1092 (Pa. Commw. Ct. 2006)
 Relying on the “economic reality of claimant’s earning experience” Commw. Ct. affirms WCAB holding concurrent wages from union position are to be included in claimant’s average weekly wage calculation where disability from pre-injury job effectively precludes performance of concurrent job, despite claimant’s physical ability to perform concurrent position.
Modification:
Select Security, Inc. v. WCAB (Kobrin),
901 A.2d 1129 (Pa. Commw. Ct. 2006)

Commw. Ct. affirms WC Judge’s determination that claimant’s earning power is in fact lower than that which was established by vocational expert opinion; assessment of earning power is a question of fact for the Judge as the Judge believed that claimant would not be capable of realizing earnings projected by vocational expert based on his prior work experience, Judge did not err in utilizing low end of earnings projections to modify benefits.
Reinstatement:
Romaine v. WCAB (Bryn Mawr Chateau),
901 A.2d 477 (Pa. 2006)
 Justice Newman, writing for the majority, undertakes a historical review of the status of negotiable instruments in addressing what constitutes “payment” as used in Section 413 of the Act, in so doing the Supreme Court holds the date claimant receives the last check is controlling; as claimant presented no evidence of the date last payment was received her petition to reinstate following a termination of benefits was deemed untimely.
Specific Loss:
Penn Beverage Distributing Co. v. WCAB (Rebich), 901 A.2d 1097 (Pa. Commw. 2006)
 Claimant who is receiving temporary total disability benefits under a NCP was not precluded by three years statute of limitations in Section 315 from seeking benefits for permanent disfigurement as a result of head and neck scars which arose as a direct result of the accepted injury, instead time limitation is governed by Section 413 (a) as case already had a “history.”
Suspension:
Pries v. WCAB (Verizon PA), 903 A.2d 136 (Pa. Commw. Ct. 2006)
 Reaffirming its recent decision in Weis and rejecting the position advanced by claimant and PATLA, Commw. Ct. affirms the Board holding a suspension of benefits is proper where claimant has retired and he fails to prove that he is seeking employment or that his injury has forced him to withdraw from the entire labor market.
Termination:
Inservco Ins. Services v. WCAB (Purefoey), 901 A.2d 574 (Pa. Commw. Ct. 2006)		 Commw. Ct. reverses WCAB and affirms Judge holding prior finding that claimant’s injury was permanent did not preclude later finding that claimant could return to pre-injury job without restriction thereby supporting a termination of benefits; duration and extent of an injury are always relevant in WC proceedings such that a finding of a “permanent injury” does not establish that injuries are permanently compensable.
Jane Lombard | Chuck Katz | Steve Harlen | Paul Pauciulo
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