Constructo Temps, Inc. v. Workers' Compensation Appeal Board

CONCURRING AND DISSENTING OPINION BY

Judge FRIEDMAN.

I agree with the majority that penalties may not be assessed against the Workers’ Compensation Security Fund (Security Fund),1 and, therefore, I concur in part with the majority opinion. However, I also dissent in part because I disagree with the majority that penalties may not be assessed against Constructo Temps, Inc. (Employer) because it obtained insurance.

Despite stating that “penalties are not workers’ compensation benefits!,]” (majority op. at 57), the majority, nevertheless, begins its analysis “by examining the compensation…