# Giant Eagle, Inc. v. Workers' Compensation Appeal Board

> Supreme Court of Pennsylvania · March 13, 2012 · 614 Pa. 606

URL: https://www.frixlaw.com/law-library/cases/9750723

## Case

- **Full name:** GIANT EAGLE, INC., Appellant v. WORKERS’ COMPENSATION APPEAL BOARD (GIVNER), Appellee
- **Court:** Supreme Court of Pennsylvania
- **Decided:** March 13, 2012
- **Citations:** 614 Pa. 606; 39 A.3d 287
- **Precedential status:** Published
- **Opinion:** Concurrence by Eakin
- **Judges:** Castille, Saylor, Eakin, Baer, McCaffery, Melvin, Todd
- **Cited by:** 19 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9750723

## Opinion text

Justice EAKIN,
concurring.
I agree with the Opinion Announcing the Judgment of the Court (OAJC), as I understand its holding to mean a Workers’ Compensation Judge has the discretion to suspend either wage loss benefits or medical benefits or both, pursuant to 77 P.S. § 651(a). I write separately to note this conclusion could have been more direct, in both how it was reached and how it was stated. The OAJC devotes significant time demonstrating how the term “compensation” is utilized differently throughout the Workers’ Compensation Act, which is true, but this discussion further muddles the meaning; suffice it to say, “compensation” in this context is ambiguous. Furthermore, concluding “ ‘compensation’ ... need not always include medical expenses,” OAJC, at 298 (emphasis in original), might directly answer the question presented for our review; however, it fails to answer the manifest question, “Now what?” To answer that question and bring the issue full-circle, I would reiterate and emphasize that because compensation does not always include medical expenses, a Workers’ Compensation Judge has the discretion to suspend medical benefits along with wage loss benefits for failure to attend a medical examination.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9750723. Public record. Not legal advice.