Imagine coming to this greatest country on God’s green earth in order to provide a better life for your family, only to be injured on the job while attempting to realize that dream. While the workers’ compensation system provides a modest income, a need could arise that necessitates a trip to your country of origin to attend to affairs, a sick family member or just to recuperate. Notwithstanding your desire to eventually return to the work force that has served you so well in your new life, your benefits are forever suspended through no fault of your own.

While this fact pattern is not extremely common, it does happen on occasion. What to do about it as the injured worker’s attorney requires consideration of an initially unreported Commonwealth Court decision, which was ordered last week to be reported. One should then turn to a seldom-used provision of the Workers’ Compensation Act for possible relief. The case is Braz v. W.C.A.B. (Nicolet Inc.) . The arcane sections of the act are 412 and 316, which deal with a commutation of benefits. As attorneys who practiced before 1996 will recall, a commutation is the present payment of all future entitlement to partial disability benefits, discounted at 5 percent. Commutations were not eliminated by Act 57, they were just replaced in practice by the compromise and release agreement. Braz may make them relevant again under certain circumstances.

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