World Kitchen, Inc. v. Workers' Compensation Appeal Board

DISSENTING OPINION BY

Senior Judge FRIEDMAN.

I respectfully dissent. The majority reverses the Workers’ Compensation Appeal Board (Board) for affirming the decision of the workers’ compensation judge (WCJ) based on principles governing a reinstatement petition when World Kitchen, Inc. (Employer) filed a modification petition. In my view, the Board properly understood that section 413(a) of the Workers’ Compensation Act (Act)1 authorizes a WCJ to take whatever action is appropriate based on the evidence, irrespective of the form of the petition. Lake v. Workers’ Compensation Appeal Board…