United Cerebral Palsey & Motorist Mutual Insurance Co. v. Workmen's Compensation Appeal Board

I dissent from the Majority’s decision to reverse the Workmen’s Compensation Appeal Board’s order because it relied upon this Court’s decision in Associated Plumbing & Heating v. Workmen’s Compensation Appeal Board (Hartzog), 126 Pa.Commonwealth Ct. 618, 560 A.2d 865 (1989), in calculating Claimant’s modified benefits.

In Associated Plumbing, this Court held that an employer is only entitled to a modification of benefits under the Workers’ Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §§ 1-1031, based on the wage rate of the first job referral which a claimant…