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 319 of the Workers’ Compensation Act, 77 P.S. § 671?