County of Allegheny v. Workers' Compensation Appeal Board

Dissenting Opinion by

Judge FRIEDMAN.

I respectfully dissent. The majority reverses an order denying the suspension petition filed by the County of Allegheny, Department of Public Works (Employer). In doing so, the majority concludes that Donald Weis (Claimant) failed to prove that his work injury forced him to retire from the entire labor market. (Majority op. at 1, 5.) I cannot agree.

Our supreme court has stated that, for disability compensation to continue following retirement, claimants must show that they are seeking employment after retirement or that they were forced into retirement…