Pitt Ohio Express v. Workers' Compensation Appeal Board

OPINION

Justice EAKIN.

On April 3, 1996, claimant Duane Wolff suffered a back injury while working as a truck driver for Pitt Ohio Express. He received total disability compensation benefits until November 4, 1997, when a Workers’ Compensation Judge (WCJ) granted employer’s petition to suspend benefits, concluding Wolff failed to pursue in good faith a modified position offered to him by employer. When Wolff later underwent back *101surgery, in September, 2000, the parties executed a supplemental agreement to reinstate his total disability benefits as of the surgery date.

In October, 2001, employer…