Bortz v. Workmen's Compensation Appeal Board

I respectfully dissent. I believe the majority has misperceived the concept of a claimant’s “fault” which is a superseding cause of a claimant’s increased loss of earning power. See Pieper v. Ametek-Thermox Instruments, 526 Pa. 25, 584 A.2d 301 (1990) (a claimant is entitled to reinstatement where his/her increased loss of earning power is through no fault of his/her own). I agree with the majority that the Workers’ Compensation Act1 and the Unemployment Compensation Law2 serve different purposes and are procedurally different. However, those distinctions are not relevant for the…