Latta v. Workmen's Compensation Appeal Board

I respectfully dissent. I believe the majority erred in holding that a claimant whose benefits are suspended is obligated to produce medical evidence as to his already established partial disability.

On March 24, 1977, John Latta (Claimant) suffered a work-related injury to his right arm while employed by Latrobe Die Casting Company (Employer). He received workmen’s compensation benefits until they were suspended because of his return to a “light duty” position. On October 20, 1979, Claimant and his fellow employees went on strike. After the strike ended, employees were called back to work in…