Monday, September 08, 2003
In Faulkner Cadillac v. WCAB (Tinari) the Claimant's specific loss was unrelated to a later injury for which he was receiving workers' compensation benefits. The WCJ awarded TTD benefits and specific loss benefits concurrently. The Employer argued the benefits should be limited by either the Claimant's pre-injury earning power or by the statutory maximum. The convention since Moran v. Glen Alden Coal Co., 36 A.2d 845 (Pa. Super. 1944) has been that the specific loss benefits would be paid at the end of the period of temporary total disability. The Commonwealth Court held, however, that since specific loss benefits are paid without regard to loss of earning power, they can be paid concurrently.
Posted by Robert Vonada at 5:56 PM