Commonwealth Court Upholds WCAB's Decision to Change Workers' Compensation Judge's Determination To Grant Modification Petition
In Morella v. WCAB (Selva), the Commonwealth Court upheld the WCAB's decision to change a workers' compensation judge's determination to grant a modification petition. In this case, the plaintiff sustained a work-related injury to his low back, and he was receiving full workers' compensation benefits for approximately six years. At that point in time, the employer filed a modification petition claiming that full-time work was available for the claimant based on his physical needs, and there was no loss of earning power by taking this work. The claimant did not believe he was able to do the work that the employer was offering, so a filed an answer denying the modification petition. The workers' compensation judge was capable only of part-time employment, and a modification to his benefits was granted to make up the difference of the claimant's total disability benefits and part-time wages.
The employer filed an appeal of the workers' compensation judge's decision, stating that the workers' compensation judge found the evidence of the employer's witness most credible, and based on that, the only decision to be handed down was to modify benefits and have the claimant return to full-time employment. The WCAB agreed with the employer, and the ruling of the workers' compensation judge was overturned. The claimant then appealed the decision to the Commonwealth Court. The Commonwealth Court affirmed the decision of the WCAB, explaining that finding the claimant was capable of full-time earnings was the only way that the evidence conformed to the award.
