A claimant's review petition to amend a notice of compensation payable that is not filed within the statutory limitation period is subject to being dismissed as time barred.

Following the claimant's work injury, a notice of compensation payable (NCP) was issued describing the injury. Five years after the NCP was issued, and four years after the claimant's benefits were suspended upon her return to work with no loss of earnings, the claimant filed a Review/reinstatement petition. The workers' compensation judge issued a decision dismissing the claimant's petition in that it had not been filed within three years from the date of her injury. The claimant appealed to the Appeal Board, which remanded it to the workers' compensation judge. The workers' compensation judge, without complying with a directive from the Appeal Board to determine whether the NCP was incorrect at the time it was issued, concluded that the claimant's Review Petition should be treated as an original claim petition and dismissed it as time barred. The Appeal Board affirmed on appeal. The Commonwealth Court affirmed the dismissal of the claimant's Review/reinstatement petitions. Based on the court's analysis of §413 of the Act, they determined that a workers' compensation judge's power to review NCPs, and to modify and reinstate NCPs, was limited. The court concluded that the General Assembly intended that when a party is seeking either to obtain relief through the correction of an NCP, under paragraph 1 of §413 of the Act, or is seeking to add additional injuries to a compensable work-related injury, under paragraph 2 of §413 of the Act, the party must file the petition within three years of the date of the most recent payment of compensation.

Case Law Alert - 4th Qtr 2010