Lisanti Painting Co. v. Workers' Compensation Appeal Board

DISSENTING OPINION BY

Judge SIMPSON.

Section 306(f.1)(8) of the Workers’ Compensation Act,1 provides (with emphasis added):

*473Accordingly, a claimant who refuses reasonable medical or surgical procedures that would improve his condition and lessen his disability should not be permitted to continue to collect benefits for a permanent loss. Alltel, Inc. v. Workers’ Comp. Appeal Bd. (Baum), 829 A.2d 739 (Pa.Cmwlth.2003); Litak v. Workmen’s Comp. Appeal Bd. (Comcast Cablevision), 155 Pa. Cmwlth. 147, 624 A.2d 773 (1993). The Act does not permit employees to choose between compensation and cure.…