McGaffin v. Workers' Compensation Appeal Board

DISSENTING OPINION BY

Judge SMITH-RIBNER.

I respectfully dissent from the majority’s ruling that the significant first-impression issue presented in this case may not be addressed because the issue was waived. The issue concerns whether a Workers’ Compensation Judge (WCJ) may entertain and grant a termination petition when an unappealed permanent impairment rating is in place pursuant to Section 306(a.2) of the Workers’ Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 511.2. Laurence A. McGaffm (Claimant) suffered injury in a fall on February 8, 1999. He had back *103surg…