Stroehmann Bakeries, Inc. v. WCAB (Plouse)

In Stroehmann Bakeries, Inc. v. WCAB (Plouse), 768 A.2d 1193, 1196 (Pa. Cmwlth. 2001), the claimant had been receiving workers' compensation benefits for a work-related injury, and the employer filed petitions to suspend and/or terminate benefits averring that, as of a particular date, the claimant had completely recovered from his work-related injury. The WCJ conducted hearings, which had fully concluded. Prior to the issuance of the WCJ's decision, the claimant and the employer executed a compromise and release. Under the terms of the compromise and release, the claimant received a lump-sum payment of $ 30,000 "in exchange for a release of employer's liability to pay wage loss and/or medical benefits arising out of the" work-related injury. Id. at 1194. The WCJ approved the compromise and release. Subsequently, the employer asked the WCJ to issue his decision on the suspension and termination petitions. The WCJ declined, concluding that the compromise and release rendered the outstanding petitions moot. Id. at 1194-95. "The Board affirmed, concluding . . . that employer can not constructively attempt to amend the C&R by continuing this litigation." Id. at 1195. On appeal, this Court affirmed and concluded that the petitions were moot. In doing so, we rejected the employer's argument that no where in the compromise and release did it explicitly "surrender its right to pursue its termination petition." Id. at 1196.