Moore v. Workers' Compensation Appeal Board

OPINION BY

Judge SIMPSON.

Brian Moore (Claimant) appeals from an order of the Workers’ Compensation Appeal Board (Board) that affirmed the Workers’ Compensation Judge’s (WCJ) grant of Babcock & Wilcox Company’s (Employer) suspension petition and reversed the WCJ’s grant of Claimant’s penalty petition. The WCJ and the Board found that Claimant, while under house arrest, was “incarcerated” and ineligible for benefits under of the Workers’ Compensation Act (Act).1 We affirm.

In July 1994, Claimant began receiving workers’ compensation benefits. Since that time, Claimant was convicted of crimes in…