Triangle Building Center v. Workers' Compensation Appeal Board

I respectfully dissent to the majority’s reversal of the Workers’ Compensation Appeal Board’s order which affirmed the Workers’ Compensation Judge’s decision that Appellant was not concurrently employed at the time of his injury.

The majority relies on Mengel v. Workmen’s Compensation Appeal Board (Boyer’s IGA Inc.), 118 Pa.Cmwlth. 582, 545 A.2d 992 (1988), for the proposition that receipt of unemployment compensation does not constitute concurrent compensation. However, in Mengel, the employer had gone out of business before the claimant was injured at her subsequent job. In the present case,…