Allegheny Power Service Corp. v. Workers' Compensation Appeal Board

DISSENTING OPINION BY

Judge COHN JUBELIRER.

For the first time, this Court, in the majority opinion in this case, interprets Section 306(c)(23) of the Workers’ Compensation Act (Act)1 to allow a bilateral loss claimant to continue to receive total disability benefits, even though he has returned to work and is receiving wages.2 See generally Torrey & Greenberg, Workers’ Compensation: Law and Practice § 5:142 (West, 2002) (Torrey & Green-berg) (“No appellate authority exists which would permit a claimant to return to work, and have earning power, yet continue to receive temporary total…