Sladisky v. Workers' Compensation Appeal Board

DISSENTING OPINION by

Senior Judge FRIEDMAN.

I respectfully dissent from the majority’s decision to affirm the order of the Workers’ Compensation Appeal Board (WCAB) denying Michael Sladisky’s (Claimant) reinstatement petition. I do not agree that Claimant, following the expiration of the 500-week period of partial disability benefits exhausted during funded light-duty employment, must prove his physical condition has worsened in order to have his total disability benefits reinstated.

For purposes of workers’ compensation, “disability is the loss of earning power attributable to the work-related…