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Farance v. Workers' Compensation Appeal Board

Denial of claimant's penalty petition affirmed where suspension of benefits resulted from claimant's failure to timely submit a form used to report employment and physical condition to an employer; workers' compensation judge did not err in ordering the reinstatement of benefits as of the date claimant ultimately submitted the form and refusing to order retroactive payment.

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Argued: October 30, 2000

Ernest S. Farance (Claimant) petitions for review of the order of the Workers’ Compensation Appeal Board (Board) affirming the decision of a workers’ compensation judge (WCJ) which denied Claimant’s penalty petition that had been filed pursuant to the provisions of the Pennsylvania Workers’ Compensation Act (Act). *fn1 We affirm.

Marino Brothers, Inc. (Employer) hired claimant in 1979 as a laborer and driver of Employer’s delivery truck. He continued in his employment until January 19, 1990. On that date, Claimant was injured when a cutting torch he was using exploded, causing injuries to his eyes, neck shoulder and hands. Pursuant to a notice of compensation payable dated February 15, 1990, Claimant received weekly compensation benefits based on injuries described as “multiple lacerations”. On June 10, 1991, a supplemental agreement was executed which stated that as of June 20, 1990, Claimant had fully recovered from his physical injuries but he remained disabled as a result of a conversion disorder arising from his work-related injuries. As a result, Claimant’s disability benefits continued.

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