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MASON v. W.C.A.B.

No. 1906 C.D. 2007.

944 A.2d 827 (2008)

Barry MASON, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (JOY MINING MACHINERY AND AIG CLAIM SERVICES), Respondents.

Commonwealth Court of Pennsylvania.

Decided March 18, 2008.

Attorney(s) appearing for the Case

Walter F. Lober, III, Pittsburgh, for petitioner.

Harry J. Klucher and Lee Ann Rhodes, Pittsburgh, for respondent, Joy Mining Machinery.

BEFORE: LEADBETTER, President Judge, PELLEGRINI, Judge, and LEAVITT, Judge.

OPINION BY Judge PELLEGRINI.

Barry Mason (Claimant) appeals from an order of the Workers' Compensation Appeal Board (Board) holding that his failure to apply for suitable alternative employment after his forced retirement justified suspension and not modification of benefits as the Workers' Compensation Judge (WCJ) ordered, because, by doing so, he had removed himself from the workforce. Claimant contends that suspension is unwarranted because he established that...

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