Stewart v. Workers' Compensation Appeal Board

NARICK, Senior Judge.

The issue before this Court is whether a claimant’s petition for modification of benefits was untimely under Section 413 of The Workers’ Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §772, when the petition was not filed until five-months after the claimant had received the entirety of his 500-week statutory remedy of partial disability benefits, pursuant to Section 306 of the Act, 77 P.S. §512.

Robert S. Stewart (Claimant) and PA Glass Sand — U.S. Silica and INA/CIGNA (collectively, Employer) have filed cross-appeals from the order of the…