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Stroehmann Bakeries, Inc. v. Workers' Compensation Appeal Board

The Workers' Compensation Judge correctly dismissed, as moot, claimant's petition for benefits and employer's cross-petition for suspension/termination of benefits because the compromise and release agreement entered into by the parties dealt with the same issues and was controlling.

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SUBMITTED: December 1, 2000

Stroehmann Bakeries, Inc. (Employer) petitions for review of an order of the Workers’ Compensation Appeal Board (Board) that affirmed the decision of a workers’ compensation judge (WCJ) that dismissed Employer’s termination/suspension petition and Joseph Plouse’s (Claimant) claim petition as moot based on a conclusion that the parties’ signed compromise and release agreement (C&R) controlled any issues between the parties. We affirm.

On September 18, 1995, Claimant *fn1 filed a claim petition alleging that he initially sustained a work-related injury on November 9, 1994, but that he returned to work. Claimant further alleged that on February 15, 1995, he slipped at work and was re-injured. Although Employer at first denied benefits for the February 15 th injury, it subsequently accepted liability and issued a notice of compensation payable (NCP), recognizing the February 15 th injury as an injury to Claimant’s “thoracic and lumbar area back.” (NCP, dated June 5, 1996). Then on January 8, 1997, Employer filed a petition to suspend and/or terminate Claimant’s benefits, alleging that Claimant was fully recovered as of October 1, 1996 or was capable of returning to his pre-injury job.

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