Forfeiture of Right to Compensation
In Land O'Lakes, Inc. v. WCAB (Todd), No. 1085 C.D. 2007, filed February 11, 2008, the employee was not entitled to reimbursement from the Supersedeas Fund after successfully litigating a suspension petition that was based upon seeking a forfeiture of compensation based on the claimant's refusal to accept reasonable and necessary medical treatment. This is because reimbursement from the Supersedeas Fund is only permitted where an employer has litigated a petition pursuant to Section 413 and 430 of the Pennsylvania Workers' Compensation Act.
A petition alleging the forfeiture of the right to compensation is not the same as the suspension petition because forfeiture is based on the claimant's own unwillingness to accept medical treatment rather than a change in status while a suspension requires a change that alters the claimant's right to workers' compensation benefits.
