STEWART v. W.C.A.B. (PA GLASS SAND)


724 A.2d 403 (1999)

Robert S. STEWART, Petitioner, v. WORKERS' COMPENSATION APPEAL BOARD (PA GLASS SAND/ U.S. SILICA and INA/CIGNA WCC), Respondents. PA Glass Sand—U.S. Silica and INA/CIGNA, Petitioners, v. Workers' Compensation Appeal Board (Stewart), Respondent.

Commonwealth Court of Pennsylvania.

Decided February 2, 1999.


Attorney(s) appearing for the Case

Mark A. Givler, Lock Haven, for petitioner.

Thomas M. Fraticelli, Harrisburg, for respondent.

Thomas C. Baumann, Pittsburgh, for amicus curiae, PA Trial Lawyers Assoc.

Before FLAHERTY, J., LEADBETTER, J., and NARICK, Senior Judge.


NARICK, Senior Judge.

The issue before this Court is whether a claimant's petition for modification of benefits was untimely under Section 413 of The Workers' Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 772, when the petition was not filed until five-months after the claimant had received the entirety of his 500-week statutory remedy of partial disability benefits, pursuant to Section 306 of the Act, 77 P.S. §512....

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