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Christian Petrucci, Christian Petrucci,

There are few instances where an employer can take self-help measures to suspend compensation benefits of an injured worker, without a judge’s approval or some other competent authority directing the action. Incarceration following a conviction is one of them. Under Section 306(a.1) of the Pennsylvania Workers’ Compensation Act, an employer is not required to pay indemnity benefits “for any period during which the employee is incarcerated after a conviction.” While that phrase seems simple enough, the question often arises, what constitutes “incarceration after a conviction,” authorizing the automatic suspension.

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