STEWART v. W.C.A.B. (PA. GLASS SAND)


756 A.2d 655 (2000)

Robert S. STEWART, Appellant, v. WORKERS' COMPENSATION APPEAL BOARD (PA. GLASS SAND/US SILICA and INA/CIGNA WCC), Appellee.

Supreme Court of Pennsylvania.

Decided July 14, 2000.


Attorney(s) appearing for the Case

Mark A. Givler, Givler & Evers, Lock Haven, for Robert Stewart.

Thomas M. Fraticelli, James A. Holzman, Harrisburg, Amber M. Kenger, Mechanicsburg, for PA Glass Sand, et al.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.


OPINION

SAYLOR, Justice.

The issue presented is whether expiration of the 500-week period during which a claimant retains eligibility to receive workers' compensation for partial disability forecloses a subsequent claim for total disability upon deterioration of the claimant's physical condition.

After thirty years of employment with Appellee Pennsylvania Glass Sand ("Employer") as a crane operator in a sand environment, Appellant Robert Stewart...

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