In University of Pennsylvania v. WCAP (Hicks), 16 A.3d 1225 (Pa. Cmwlth. 2011), an employer’s attempt to suspend an injured employee’s  workers’ compensation benefits was denied . The petition was filed after the injured worker engaged in post-injury activities that lead to criminal convictions. The employer argued that since the criminal convictions prevented the injured worker from working again as a campus police officer, his wage loss was no longer due to his work injury.

 

In opposition to the Suspension Petition, the injured worker presented the testimony of his medical expert, who was of the opinion that the claimant was still disabled from performing his pre-injury position. The Court found the medical expert’s opinion to be both convincing and credible.

 

Accordingly, in denying the Suspension Petition, the Commonwealth Court noted that the convictions were irrelevant because the injured worker would not have been able to return to work anyway.”




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