Yurasits v. Workers' Compensation Appeal Board (Exelon Nuclear Generation), 022120 PACCA, 395 C.D. 2019

Docket Nº:395 C.D. 2019
Opinion Judge:BONNIE BRIGANCE LEADBETTER, SENIOR JUDGE.
Party Name:John A. Yurasits, Petitioner v. Workers' Compensation Appeal Board (Exelon Nuclear Generation), Respondent
Judge Panel:BEFORE: HONORABLE P. KEVIN BROBSON, Judge, HONORABLE MICHAEL H. WOJCIK, Judge, HONORABLE BONNIE BRIGANCE LEADBETTER, Senior Judge
Case Date:February 21, 2020
Court:Commonwealth Court of Pennsylvania
 
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John A. Yurasits, Petitioner

v.

Workers' Compensation Appeal Board (Exelon Nuclear Generation), Respondent

No. 395 C.D. 2019

Commonwealth Court of Pennsylvania

February 21, 2020

OPINION NOT REPORTED

SUBMITTED: November 1, 2019

BEFORE: HONORABLE P. KEVIN BROBSON, Judge, HONORABLE MICHAEL H. WOJCIK, Judge, HONORABLE BONNIE BRIGANCE LEADBETTER, Senior Judge

MEMORANDUM OPINION

BONNIE BRIGANCE LEADBETTER, SENIOR JUDGE.

Claimant, John A. Yurasits, petitions for review of an order of the Workers' Compensation Appeal Board that affirmed the decision of Workers' Compensation Judge (WCJ) Melcher granting the May 2017 petition to terminate workers' compensation benefits1 filed by Exelon Nuclear Generation (Employer) pursuant to the Workers' Compensation Act (Act).2 We reverse.

On June 13, 2011, Claimant sustained a work injury while employed as a security guard for Employer. Pursuant to a notice of compensation payable (NCP) acknowledging work injuries in the nature of "a right shoulder, a right trapezius, and cervical spine strains," Employer commenced payment of temporary total disability in the weekly amount of $752.02 based on an average weekly wage of $1128.02. (WCJ Melcher's May 2, 2018, Decision at 3.) Thereafter, Employer issued a corrected NCP thereby amending the average weekly wage to $1227.34, resulting in a new weekly disability payment of $818.22. (Id.)

In 2012, WCJ Knox issued a decision suspending Claimant's benefits as of January 20, 2012, based on Claimant's return to work without a wage loss. In 2016, WCJ Knox issued a decision denying an October 2014 termination petition alleging a full recovery from work injuries as of April 25, 2014. WCJ Knox found "the testimony of Claimant, competent, credible, and persuasive that he continues to suffer symptoms in his cervical spine, right shoulder, and ring and small fingers on his right hand, all due to the June 13, 2011, work injury." (WCJ Knox's March 21, 2016, Decision, Finding of Fact "F.F." No. 10; Reproduced Record "R.R." at 14) (emphasis added).

In 2017, Employer filed the disputed termination petition alleging a full recovery as of April 5, 2017...

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