Harle v. WCAB (Telegraph Press, Inc.)

In Harle v. Workmen's Compensation Appeal Board (Telegraph Press, Inc.), 540 Pa. 482, 658 A.2d 766 (1995), the question raised was whether or not benefits may "be terminated or suspended where, following the employer's cessation of business, such a claimant begins working for a different employer, performing the same duties as his pre-injury job, but at a lower wage." 540 Pa. at 483, 658 A.2d at 767. The claimant, in that case, was injured and eventually released "to full duty with no restrictions." Id. The employer, however, had eliminated his job due to a departmental closing and a mill layoff. Our Supreme Court held that a claimant is not entitled to receive benefits if loss of earning power was not attributable to his work-related injury. Id. at 486, 658 A.2d at 768. "Otherwise, benefits are simply a wage supplement for a worker who by chance is recovering from an injury at the time his employer ceases doing business but later obtains full-time employment, which for reasons unrelated to the injury pays a lower wage." Id. at 486, 658 A.2d at 768. The Court concluded that, since Claimant's loss of earning power was attributable to the change in Employer's economic conditions and not to Claimant's injury, Claimant was not entitled to benefits.