L.E. Smith Glass Co. v. Workers' Compensation Appeal Board

OPINION

Justice NEWMAN.

We granted allocatur in this case to discuss whether a workers’ compensation claimant can collect concurrent total disability awards for two separate injuries when each injury is totally disabling and, if so, the proper method of apportioning those awards. The Commonwealth Court determined that Milton Clawson (Clawson), the claimant in the present case, was entitled to concurrent total disability awards up to the statutory maximum for the year of the second injury; for the reasons discussed herein, we reverse the Order of the Commonwealth Court.

FACTS AND PROCEDURAL…