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Summit Trailer Sales v. Workers' Compensation Appeal Board

Denial of employer's petition to modify or suspend compensation benefits affirmed; profits derived from a family-owned business could not be used as a measure of claimant's earning power; employer failed to meet the requirement of preparing and providing a Notice of Ability to Return to Work prior to a suspension or modification of benefits.

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Submitted: January 25, 2002

Summit Trailer Sales, Inc. (Employer) petitions for review of the order of the Workers’ Compensation Appeal Board (Board) affirming the decision of a workers’ compensation judge (WCJ) denying its petition to modify or suspend compensation benefits, pursuant to the provisions of the Pennsylvania Workers’ Compensation Act (Act).*fn1 We affirm.

On December 4, 1997, Claimant sustained an injury in the nature of a low back strain/sprain while in the course and scope of his employment as a laborer for Employer. Pursuant to a notice of compensation payable dated January 12, 1998, Claimant received compensation benefits at a rate of $300.00 per week based on an average weekly wage of $450.00.

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