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.