Suspension of Workers Comp Benefits for Not to Attending An Independent Medical Examination

In McCormick v. Workers' Compensation Appeal Board (City of Philadelphia), 734 A.2d 473, 477-78 (Pa. Cmwlth. 1999), the Court, in affirming a Workers' Compensation Judge's (WCJ) order suspending benefits, rejected the claimant's argument that his appeal of the WCJ's order compelling him to attend an independent medical examination effectively served as a stay of the order and provided for a reasonable cause and excuse for failing to attend the examination. Absent any statute granting an automatic supersedeas, the Court agreed with the Board's determination that simply filing an appeal does not function as an automatic stay of the WCJ's order. Id.