Rogele, Inc. v. Workers' Compensation Appeal Board

DISSENTING OPINION BY

Judge SIMPSON.

I respectfully dissent from the conclusion reached by the majority that Section 306(a.l) of the Workers’ Compensation Act (Act), 77 P.S. § 511.1,1 clearly and unambiguously requires payment of compensation to an incarcerated claimant up until the pronouncement of criminal sentence. For this reason and others discussed below, I would reverse and remand.

Relevantly, after his layoff in June, 2004, Todd Mattson (Claimant) received total disability benefits for injuries to his right wrist. In October 2005, he was incarcerated without bail on charges that he…