City of Pittsburgh v. Workers' Compensation Appeal Board

OPINION BY

Judge LEAVITT.

The City of Pittsburgh (Employer) petitions for review of an adjudication of the Workers’ Compensation Appeal Board (Board) denying its petition to suspend the disability compensation of Kenneth Mari-nack (Claimant). In doing so, the Board reversed the decision of the Workers’ Compensation Judge (WCJ) that Claimant had voluntarily withdrawn from the workforce, as evidenced by his application for a disability pension and lack of effort to find a job. The Board held that Claimant’s application for a disability pension was irrelevant and that Employer, not Claimant, had…