Boyertown Foundry v. Workers' Compensation Appeal Board

OPINION BY

Senior Judge FRIEDMAN.

Boyertown Foundry (Employer) and ESIS Wilmington WC (collectively, Petitioners) petition for review of a June 13, 2011, order of the Workers’ Compensation Appeal Board (WCAB) to the extent that it modified the decision of a workers’ compensation judge (WCJ) dismissing the claim petition filed by Luis Martinez (Claimant) “with prejudice.” The WCAB substituted the words “without prejudice” in the WCJ’s order. We reverse in part.

Claimant filed a claim petition alleging that, on May 29, 2009, he sustained a left knee injury while working for Employer. As a result,…