Sadler, C. v. WCAB, of: Phila. Coca-Cola Co.

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT

CARL SADLER : No. 413 EAL 2019 : :

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

WORKERS' COMPENSATION APPEAL : BOARD :

: :

PETITION OF: PHILADELPHIA COCA- : COLA COMPANY :

ORDER

PER CURIAM

AND NOW, this 28th day of January, 2020, the Petition for Allowance of Appeal is

GRANTED, LIMITED TO the issues set forth below. Allocatur is DENIED as to all

remaining issues. The issues, as stated by petitioner are:

(1) Whether the Commonwealth Court erred in reversing the appeal board’s affirmance of the WCJ’s grant of [Petitioner’s] suspension petition for a 75 week period which allowed [Petitioner] to assert a credit against [Respondent’s] future compensation for money paid to [Respondent] during his incarceration as the grant of a suspension was consistent with the Act and the applicable case law?

(2) Whether the Commonwealth Court’s interpretation that [Petitioner] is precluded from suspending benefits under the circumstances of this case, creates an unequal application of the law for similarly situated claimants, and similarly-situated employers in violation of the Equal Protection guarantees of the Constitutions of the Commonwealth of Pennsylvania and the United States of America?

Petitioner’s Application for Supersedeas is DENIED.