Irwin Stein v. WCAB (School District of Philadelphia), 782 C.D. 2016 (Pa. Comm. 2017)
This case signifies a growing acceptance by the Pennsylvania Commonwealth Court that a claimant may take himself out of the work place and thus be subjected to a suspension of eligibility for ongoing wage loss benefit payments. Here, at trial, we established that the claimant had applied for and was in receipt of Social Security Retirement Benefits, as well as a disability pension. Also, the workers’ compensation judge found claimant’s evidence as to the extent of his disability not credible. Another major factor was the admission by claimant that he had not looked for any type of work since the occurrence of this work injury.