Whitmoyer, C, Pet v. WCAB (Mountain Country Meats)

M.D. Appeal Dkt. 52 2017

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

CRAIG M. WHITMOYER, : No. 924 MAL 2016 :

Petitioner : : Petition for Allowance of Appeal from : the Order of the Commonwealth Court v. : : :

WORKERS' COMPENSATION APPEAL :

BOARD (MOUNTAIN COUNTRY :

MEATS), : :

Respondents

ORDER

PER CURIAM

AND NOW, this 15th day of September, 2017, the Petition for Allowance of Appeal is GRANTED. The issues, rephrased for clarity, are as follows:

Did the Commonwealth Court err in concluding that the term “instalments of compensation” in Section 319 of the Workers’ Compensation Act, 77 P.S. § 671, encompasses both medical and disability compensation?

Did the Commonwealth Court err in finding that the defendant-employer did not waive its rights under Section of the Workers’ Compensation Act, 77 P.S. § 671?