Does the C&r Leave Issues Regarding Termination Petition Unresolved ?
In Bethlehem Structural Products v. Workers' Compensation Appeal Board (Vernon), 789 A.2d 767 (Pa. Cmwlth. 2001), and Coyne Textile v. Workers' Compensation Appeal Board (Voorhis), 840 A.2d 372 (Pa. Cmwlth. 2003), the C&R agreements did not release all liability.
In Bethlehem, the C&R contained an express provision that the employer would not withdraw the appeal regarding the correct calculation of the average weekly wage. Id. at 770.
Further, the lump sum payment resolved only future liability. Id.
Similarly, in Coyne, by the express terms of the C&R, the termination and challenge petitions were to remain open and be adjudicated, and the reinstatement and review petitions were to be discontinued and withdrawn. Id. at 374.
The Court, therefore, found that the C&R did not render the issues in the termination petition moot and, thereby, reversed and remanded.