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Brooks v. Workers' Compensation Appeal Board

Workers' Compensation Appeal Board's order affirming decision of workers' compensation judge (WCJ) granting modification petition of City of Philadelphia affirmed. The WCJ found testimony of claimant not credible or persuasive and further found that claimant acted in bad faith by failing to follow up on job referrals provided by employer, City of Philadelphia. The WCJ accordingly granted employer's modification petition and ordered that claimant's weekly compensation rate be reduced.

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Submitted: April 12, 2001

Benjamin Brooks (Claimant) petitions this Court to review an order of the Workers’ Compensation Appeal Board (Board) that affirmed a decision of a workers’ compensation judge (WCJ) granting the modification petition of the City of Philadelphia (Employer). We affirm.

Claimant worked as a firefighter for Employer for twenty-one years until his retirement in 1992. Pursuant to a 1993 supplemental agreement, Claimant was acknowledged to be disabled with an occupational disease and entitled to weekly total disability benefits commencing on June 20, 1992. The occupational disease was identified as that defined by Section 108(o) of the Workers’ Compensation Act (Act) *fn1 , that is, a disease of the “lungs, resulting in either temporary or permanent total or partial disability … after four years or more of service in fire fighting … caused by … exposure to heat, smoke, fumes or gasses….” On October 11, 1996, Employer filed a modification petition alleging that as of September 20, 1996, Claimant’s compensation should be modified because of his failure to follow up in good faith on four job referrals. A hearing was held before the WCJ, at which time Employer presented the deposition testimony of Michael Kline, M.D. and Cynthia Baszkiewicz, a certified rehabilitation counselor. Claimant testified on his own behalf and presented no other testimony.

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