Forbes Road CTC v. WCAB (Consla); 919 C.D. 2009; Consla v. WCAB (Forbes Road CTC); 920 C.D. 2009; filed May 27, 2010; by Judge Butler

An employer may properly issue a notice of compensation denial to accept a claimed work injury for medical purposes only.

In this case, following the claimant's work injury, the employer issued a Notice of Compensation Denial ("NCD"), indicating that investigation was ongoing, pending receipt of medical documentation. Later, the employer issued a corrected NCD, indicating that, although an injury took place, the claimant was not disabled. The claimant then filed a claim petition, seeking payment of medical bills and unreasonable contest counsel fees. The claimant also filed a penalty petition, alleging the employer violated the Act by issuing the qualified NCD. The workers' compensation judge dismissed the penalty petition, holding that the employer did not violate the Act. On appeal to the Commonwealth Court, the claimant argued that using the qualified NCD violated the claimant's rights because a specific injury description was not accepted. However, the court held that the NCD form used by the employer was a permissible way of accepting an injury for medical purposes only. According to the court, an employer may properly issue an NCD to accept a claimed work injury for medical purposes only.

Case Law Alert - 4th Qtr 2010