Attorney won an important case involving the right to suspend benefits

Attorney won an important case involving the right to suspend benefits. The claimant sustained a work related injury during the course and scope of employment with a labor compnay. Although he was released to return to work light duty and did return, he brandished a weapon to his supervisor and was discharged. The original WCJ, in a rather one-sided bizarre decision, found that claimant's discharge did not disqualify him from benefits. While on appeal, the claimant was arrested and arraigned on other charges. Although incarcerated for these other charges, he was not yet convicted. His trial was scheduled for nearly a year in the future and he was being held in prison until the trial since he could not post bail. According to the previous WCJ decision, TTD benefits continued. The carrier wanted to stop benefits since the claimant appeared to be "incarcerated", however, the law only offers suspension of benefits if "incarcerated after conviction." Since the claimant was not convicted, an IME was scheduled and the claimant failed to appear. Thereafter, a suspension petition was filed and ultimately granted by the WCJ. The WCJ commented that there is no real case on point which allows him to grant or deny such a petition. The issue has come up in other venuesin the state with no solid results. It is now established by this decision (which will head to the Supreme Court eventually) that a post-incarceration but pre-conviction can be the subject of a suspension based on failure to go to the IME.