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Powell v. Workers' Compensation Appeal Board

Employee's petition for review of Workers Compensation Appeals Board's order quashed; order of Board was not final or appealable because Board remanded case to WCJ for proper wage calculation to be performed.

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Submitted: November 9, 2001

Darlene Powell (Claimant) petitions for review of an order of the Workers’ Compensation Appeal Board (Board) which affirmed in part, reversed in part and remanded in part an order of a Workers’ Compensation Judge (WCJ). We quash Claimant’s Petition for Review.

Claimant filed a Reinstatement Petition alleging that, as of August 24, 1996, she again experiences a complete loss of earning power as a result of a January 10, 1994 work-related injury. Community Dialysis Center (Employer) filed an Answer denying the allegations in Claimant’s petition. Claimant also filed a Penalty Petition alleging that Employer has violated the Workers’ Compensation Act (Act) *fn1 by deducting money from her paycheck to reimburse itself for a supposed previous overpayment of compensation. In support of her contention, Claimant cited the case of Murphy v. Workmen’s Compensation Appeal Board, 605 A.2d 1297 (Pa. Cmwlth. 1992) (when there is an overpayment of compensation, the employer must obtain relief from the Supersedeas Fund, not from the claimant). Employer filed an Answer denying the allegations set forth in Claimant’s petition.

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