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Carr v. Workers' Compensation Appeal Board2/19/2002
Robert Carr (Claimant) and the Port Authority of Allegheny County (Employer) petition for review of the order of the Workers' Compensation Appeal Board (Board) which affirmed in part, amended in part, and reversed in part the decision of a workers' compensation judge (WCJ) granting Claimant's petitions to impose penalties upon Employer, to set aside final receipt, and to reinstate compensation benefits pursuant to the provisions of the Pennsylvania Workers' Compensation Act (Act). We affirm in part, and reverse and remand in part.
On August 5, 1994, Claimant suffered an injury in the nature of a back strain while in the course and scope of his employment as a bus driver for Employer. Pursuant to a notice of compensation payable dated August 31, 1994, Claimant received compensation benefits at a rate of $493.00 per week based on an average weekly wage of $768.26.
Claimant and Employer entered into a series of supplemental agreements under which Claimant's benefits were modified based on his return to work for Employer, only to then be reinstated at later points in time. Ultimately, on January 1, 1996, Claimant and Employer entered into a supplemental agreement which alleged that Claimant had returned to work for Employer at wages equal to or greater than those of his time of injury position. On January 2, 1996, Claimant and Employer executed a final receipt ending Claimant's disability benefits.
On or about May 27, 1997, Claimant filed a petition to reinstate compensation benefits and to set aside the final receipt in which he alleged, inter alia, that he was totally disabled at the time he signed the final receipt and he continued to remain totally disabled as a result of his work-related injury. On or about May 30, 1997, Claimant also filed a penalty petition in which he alleged that Employer had failed to reimburse the $2,566.73 he had spent for the installation of a whirlpool hot tub unit.
On or about July 10, 1997, Employer filed a timely answer to the petition to reinstate compensation benefits and to set aside the final receipt in which it was alleged, inter alia, that Claimant was not totally disabled at the time he signed the final receipt and that he did not remain totally disabled as a result of his work-related injury. In addition, Employer alleged that Claimant had voluntarily retired from his position with Employer effective January 1, 1996. Likewise, on or about July 14, 1997, Employer filed an answer to Claimant's penalty petition in which it was alleged, inter alia, that Claimant had voluntarily retired from his position with Employer effective January 1, 1996, and that any expenses relating to the installation of a whirlpool hot tub unit were neither a necessary nor a reasonable expense. Pursuant to an interlocutory order dated April 30, 1999, the final receipt dated January 1, 1996 was set aside based upon a stipulation of the parties.
On or about March 16, 1999, Claimant filed a second penalty petition in which he alleged that he had reached the age of 65 on January 15, 1998, and that he was entitled to receive both his retirement pension as well as disability benefits as of that date. He further alleged that Employer had continued to pay his retirement pension, but failed to pay the disability benefits to which he was entitled. On or about April 22, 1999, Employer filed an answer to the second penalty petition in which it was again asserted that Claimant had voluntarily retired effective January 1, 1996, and that he was not entitled to receive disability benefits after that date. Hearings before the WCJ on the various petitions ensued.
In support of the petitions, Claimant testified and presented the testimo
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