Kane v. Workers' Compensation Appeal Board

CONCURRING AND DISSENTING OPINION BY

Judge BERNARD L. McGINLEY.

I concur with the majority’s conclusion that:

[T]he Court in Kane I [Kane v. Workers’ Compensation Appeal Board (Glenshaw Glass Company), 940 A.2d 572 (Pa. Cmwlth.2007), appeal denied, [598 Pa. 770] 956 A.2d 437 (Pa.2008) ] determined that issues surrounding the effect of the suspension of Claimant’s total disability benefits for his 1999 injury were not ripe for consideration, but that such issues may need to be litigated if and when Claimant’s disability benefits for his 1995 shoulder injury ceased. Thus, it cannot be said that…