Commonwealth, Department of Labor & Industry v. Workers' Compensation Appeal Board

DISSENTING OPINION

Justice NEWMAN.

The Majority concludes that Exel Logistics (Employer) is not entitled to Superse-deas Fund reimbursement in the instant matter because a petition seeking a forfeiture of benefits is not the functional equivalent of a suspension petition. I disagree with- this characterization and conclude that this result is clearly erroneous. Therefore, I must dissent.

On June 7, 1993, Employer issued a Notice of Compensation Payable to Donald Buehler (Claimant) for a May 19, 1993 work-related injury to his right shoulder. On August 11, 1997, pursuant to Section 306(f.l)(8),…