August 17, 2011
The Claimant, a resident of Williamsport, Lycoming County, suffered a work injury to the lower back on December 17, 1998, while employed by United Parcel Service.
The Employer filed Petitions to Modify and Suspend Workers’ Compensation Benefits on November 5, 2001. The Petitions were assigned to Judge Kenneth P. Walsh in Williamsport, Pennsylvania.
At a hearing held on January 22, 2002 the Employer testified the Modification and Suspension Petitions were based on assertions that the Claimant had earning power based upon a market survey. The Employer testified it did not have a job available that matched the work restrictions offered by Dr. Wolk, the physician who examined the Claimant. The Caimant’s counsel made a motion to have the petitions dismissed because no Notice of Availability to Return to Work was issued to the Claimant.
The Judge found that the Employer could not prove a Notice of Ability to Return to Work was mailed to the Claimant and therefore the Modification and Suspension Petitions amounted to an unreasonable contest. Subsequently, a Compromise and Release Agreement (settlement agreement) was submitted by all parties at a hearing held in Williamsport, Pennsylvania before Judge Walsh on December 13, 2002. The Judge approved the Compromise and Release Agreement and ordered the Employer and Liberty Mutual Insurance to pay the Claimant a lump sum of $168,250.00.
