Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Brooks v. Workers' Compensation Appeal Board

Workers' Compensation Appeal Board's order affirming decision of workers' compensation judge (WCJ) granting modification petition of City of Philadelphia affirmed. The WCJ found testimony of claimant not credible or persuasive and further found that claimant acted in bad faith by failing to follow up on job referrals provided by employer, City of Philadelphia. The WCJ accordingly granted employer's modification petition and ordered that claimant's weekly compensation rate be reduced.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Submitted: April 12, 2001

Benjamin Brooks (Claimant) petitions this Court to review an order of the Workers’ Compensation Appeal Board (Board) that affirmed a decision of a workers’ compensation judge (WCJ) granting the modification petition of the City of Philadelphia (Employer). We affirm.

Claimant worked as a firefighter for Employer for twenty-one years until his retirement in 1992. Pursuant to a 1993 supplemental agreement, Claimant was acknowledged to be disabled with an occupational disease and entitled to weekly total disability benefits commencing on June 20, 1992. The occupational disease was identified as that defined by Section 108(o) of the Workers’ Compensation Act (Act) *fn1 , that is, a disease of the “lungs, resulting in either temporary or permanent total or partial disability … after four years or more of service in fire fighting … caused by … exposure to heat, smoke, fumes or gasses….” On October 11, 1996, Employer filed a modification petition alleging that as of September 20, 1996, Claimant’s compensation should be modified because of his failure to follow up in good faith on four job referrals. A hearing was held before the WCJ, at which time Employer presented the deposition testimony of Michael Kline, M.D. and Cynthia Baszkiewicz, a certified rehabilitation counselor. Claimant testified on his own behalf and presented no other testimony.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Middle East Legal Awards 2024
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
BenefitsPRO Broker Expo 2024
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Go to Events Go to Webcasts
Senior In-House Contracts Administrator

A large and well-established Tampa company is seeking a contracts administrator to support the company's in-house attorney and manage a wide...


Apply Now ›
COMMERCIAL FINANCE ATTORNEY - STAMFORD, HARTFORD OR NEW HAVEN OFFICES

We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...


Apply Now ›
CORPORATE ATTORNEY (8+ Years) - REMOTE, CT

We are seeking an attorney to join our corporate and transactional practice. Candidates should have a minimum of 8 years of general corporat...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements