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Kasper v. Workers' Compensation Appeal Board

Suspension of workers' compensation benefits affirmed where there was sufficient evidence to support WCJ's finding that claimant had voluntarily retired from the work force with no intention of pursuing further employment and where WCJ's determination that claimant was not credible was not arbitrary and capricious.

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SUBMITTED: July 7, 2000

Petitioner, Thomas E. Kasper (claimant), appeals from the January 14, 2000 order of the Workers’ Compensation Appeal Board (Board), affirming the Workers’ Compensation Judge’s (WCJ) grant of Perloff Brothers, Inc.’s (employer) suspension petition.

Claimant began receiving workers’ compensation benefits pursuant to a notice of compensation payable for an injury which occurred on October 18, 1990. Employer has filed multiple petitions for suspension or termination of claimant’s benefits. Relevant to the appeal before us is employer’s suspension petition of March 7, 1996, which alleges that as of February 2, 1992, claimant retired from employment with employer and voluntarily withdrew himself from the labor market. Despite denying employer’s other petitions for suspension and termination, the WCJ granted employer’s March 7, 1996 suspension petition based upon his finding that claimant had voluntarily retired from the work force with no intention of pursuing further employment. The Board affirmed the WCJ’s decision.

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