Submitted: June 30, 2017
BEFORE: HONORABLE MARY HANNAH LEAVITT, President Judge
HONORABLE PATRICIA A. McCULLOUGH, Judge HONORABLE JOSEPH M.
COSGROVE, Judge 
HANNAH LEAVITT, PRESIDENT JUDGE 
Dorvilus (Claimant) petitions for review of an order of the
Workers' Compensation Appeal Board (Board) dismissing his
reinstatement petition as untimely and improvidently filed.
In doing so, the Board affirmed a decision of the
Workers' Compensation Judge (WCJ) that Claimant was not
eligible to seek a reinstatement of disability compensation
because it had been adjudicated that his work injury did not
cause a loss of earning power. Accordingly, Claimant could
not seek a "reinstatement" of benefits to which he
was never entitled. After review, we affirm.
November 12, 2009, Claimant filed a claim petition alleging
that he had sustained a work injury two months earlier while
packing machine parts onto a cart. While packing his cart, he
was struck in the lower back by another cart. Claimant sought
medical and disability compensation from Cardone Industries
(Employer). After a hearing, the WCJ granted the claim
petition, concluding that Claimant had sustained a
lumbosacral strain and sprain that resulted in wage loss as
of September 18, 2009, and ongoing. Employer appealed to the
Board, and it affirmed the WCJ's determination that
Claimant sustained a work injury. However, the Board reversed
the WCJ's "award of disability benefits." Board
Adjudication (7/31/2013) at 10; Reproduced Record at 20a
petitioned for this Court's review, and we affirmed the
Board. Dorvilus v. Workers' Compensation Appeal Board
(Cardone Industries), (Pa. Cmwlth., No. 1460 C.D. 2013,
filed March 7, 2014). Claimant petitioned for allowance of
appeal to the Pennsylvania Supreme Court, and it was denied.
Dorvilus v. Workers' Compensation Appeal Board
(Cardone Industries), 166 A.3d 1238 (Pa. 2017).
November 26, 2013, Employer filed a termination petition
asserting that Claimant had fully recovered from his work
injury. The WCJ denied the petition, concluding that Claimant
established a continuing need for medical treatment for the
accepted work injury of his lumbosacral strain and sprain.
5, 2015, Claimant filed a reinstatement petition alleging his
work injury had worsened and caused a loss of his earning
power as of June 26, 2013. Employer moved to dismiss the
reinstatement petition as barred by the doctrines of
collateral estoppel and res judicata. The WCJ denied
Employer's motion. Employer then moved to dismiss the
petition as time barred by Section 413(a) of the Workers'
Compensation Act (Act).
413(a) of the Act limits the time period for seeking a
reinstatement of compensation. Section 413(a) states, in
relevant part, as follows:
Such modification, reinstatement, suspension, or termination
shall be made as of the date upon which it is shown that the
disability of the injured employe has increased, decreased,
recurred, or has temporarily or finally ceased, or upon which
it is shown that the status of any dependent has changed:
Provided, That, except in the case of eye injuries, no notice
of compensation payable, agreement or award shall be
reviewed, or modified, or reinstated, unless a petition
is filed with the department within three years after the
date of the most recent payment of compensation made
prior to the filing of such petition.
77 P.S. §772 (emphasis added). The WCJ granted
Employer's motion and dismissed Claimant's
reinstatement petition. The Board affirmed, and Claimant
petitioned for this Court's review.
appeal, Claimant argues that the Board erred. Claimant
observes that his last payment of disability compensation was
made on July 21, 2013, and he filed his reinstatement
petition on May 8, 2015, which was "within three years
after the date of [his] most recent payment of
compensation." 77 P.S. §772. This satisfies the
requirements of Section 413(a) of the Act.
responds that it has been adjudicated that Claimant was not
entitled to any wage loss compensation. That he was paid
disability compensation benefits to which he was not entitled
is irrelevant to the three-year deadline in Section 413(a) of
the Act for filing a reinstatement petition.
award of disability compensation requires the claimant to
establish a causal connection between a work injury and his
loss of earning power. Cardyn v. Workmen's
Compensation Appeal Board (Heppenstall), 534 A.2d 1389,
1390 (Pa. 1987). Section 413(a) of the Act authorizes the
reinstatement of suspended benefits where it is shown