Monday, June 09, 2003
Suspension May Be Appropriate If Overtime Is Not Available For Economic Reasons
In M. Capper v. WCAB (ABF Freight Systems, Inc.) the Claimant pressed the issues of reasonable contest where: 1) The Claimant returned to work full time, full duties, but with a wage loss due to lack of overtime (Employer sought suspension); and 2) the Employer initially contested thirty to forty mile trip expenses to obtain medical treatment in eastern Pennsylvania. The Commonwealth Court held there was a reasonable contest on both issues. Importantly, the Court cited the Supreme Court's decision in Harle and stated the Claimant may not be entitled to a partial if overtime was no longer available for economic reasons.
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