Weismantle v. Workers' Compensation Appeal Board

OPINION BY

Judge LEAVITT.1

Wayne Weismantle (Claimant) petitions for review of an adjudication of the Workers’ Compensation Appeal Board (Board) terminating his workers’ compensation disability benefits. The issue we consider in this case is whether an employer’s placement of a claimant on partial disability during the pendency of that employer’s termination proceeding bars any further action by the Workers’ Compensation Judge (WCJ) on the termination petition.

In November of 2001, Claimant began to collect total disability benefits for a lower back strain suffered in 1999 while in the employ of…