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McQuilken v. Workers' Compensation Appeal Board

Order terminating compensation benefits vacated and remanded because employer had failed to file a Termination Petition, so the issue of whether the claimant had fully recovered from her disability was not properly before the Workers' Compensation Judge, and he had no authority to terminate benefits.

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Submitted: March 31, 2000

Marlene McQuilken (Claimant) petitions for review of an order of the Workers’ Compensation Appeal Board (Board) which affirmed the order of a Workers’ Compensation Judge (WCJ) terminating Claimant’s compensation benefits. *fn1 We vacate and remand.

Pursuant to a Notice of Compensation Payable dated January 22, 1997, Claimant began receiving compensation benefits for an injury described as a “bilateral median nerve entrapment at the wrists left greater than right; bilateral ulnar neuropathy” that occurred on January 12, 1996 while she was working for Prudential (Employer). On June 12, 1996, Claimant’s benefits were suspended based on her return to work with restrictions but without a loss of earnings. Some time later, Claimant apparently stopped working. Thereafter, on May 13, 1997, Employer filed a Modification/Suspension Petition alleging that, as of January 13, 1997, Claimant was released to return to a work at a position within her physical restrictions or, in the alternative, is capable of returning to work without a loss of earnings. Claimant returned to work on May 27, 1997 and then was asked to take an early retirement on June 2, 1997.

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