Welsh v. WCAB (L.W.Miller Roofing Co.)

In Welsh v. Workmen's Compensation Appeal Board (L.W.Miller Roofing Co.), 686 A.2d 59 (Pa. Cmwlth. 1996), the Court had suggested that a claimant in a modified position who leaves his employment "assumes the risks" of that decision, including that the new employer may impose a lay-off. The Court held in that case that the claimant's decision to resign, not his original work injury, was the cause of his loss in wages, and thereby concluded that the claimant was not entitled to a reinstatement of his benefits.