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IN THE COMMONWEALTH COURT OF PENNSYLVANIA Gerald Stehr, : Petitioner : : v. : : Workers' Compensation Appeal Board : (Alcoa), : Respondent : BEFORE:

No. 1187 C.D. 2007 Submitted: October 5, 2007

HONORABLE BERNARD L. McGINLEY, Judge HONORABLE ROCHELLE S. FRIEDMAN, Judge HONORABLE JIM FLAHERTY, Senior Judge FILED: November 29, 2007

OPINION BY SENIOR JUDGE FLAHERTY

Gerald Stehr (Claimant) petitions for review from an Order of the Workers' Compensation Appeal Board (Board) that affirmed the Decision of a Workers' Compensation Judge (WCJ) denying his Reinstatement Petition. We affirm. Claimant sustained a left fibular fracture in the course and scope of his employment on November 2, 1995. He received $509.00 per week in workers' compensation benefits from November 4, 1995 through January 1, 1996 pursuant to a Supplemental Agreement dated January 4, 1996. Claimant's benefits were suspended effective January 2, 1996 in accordance with that document. worked thereafter at earnings equal to or greater than his pre-injury wage. Claimant filed a Reinstatement Petition on September 16, 2005 alleging his injury again caused a decrease in his earning power as of April 25, 2005. By a Decision circulated August 24, 2006, the WCJ denied Claimant's Petition as he failed to file his Reinstatement Petition within five hundred weeks of He

the date his benefits were suspended as required by Section 413 of the Pennsylvania Workers' Compensation Act (Act),1 77 P.S.

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