Petras v. Workmen's Compensation Appeal Board

I believe that United States Steel Corp. v. Workmen’s Compensation Appeal Board, 62 Pa.Commonwealth Ct. 502, 437 A.2d 92 (1981) controls here. Moreover, I believe that under U.S. Steel, where, as here, a referee found that Claimant sustained a work-related hearing loss and granted Claimant’s petition seeking medical expenses in the form of payment for a hearing aid, that award is properly the basis for a suspension order even where Claimant was never paid compensation benefits. Thus, I respectfully dissent.

The majority, in concluding its opinion, states:

[TJhere was never a finding that…