Employer’s payment of medical expenses under a Medical Only Temporary Notice of Compensation Payable does not toll the Act’s statute of limitations when the payments were not made in lieu of compensation.

The claimant was injured in a work-related motor vehicle accident on May 15, 2014. The employer issued a Medical Only Notice of Temporary Compensation Payable on June 4, 2014. On July 31, 2014, it issued a Notice Stopping Temporary Compensation and a Notice of Workers’ Compensation Denial. The employer then paid medical bills incurred as of August 12, 2014, but only for treatment rendered prior to the issuance of the Notice Stopping Temporary Compensation and Notice of Workers’ Compensation Denial. On June 5, 2017, the claimant filed a claim petition.

The workers’ compensation judge dismissed the claim petition, concluding is was time barred and that the medical bill the employer paid on August 12, 2014, did not toll the three-year statute of limitations. The claimant appealed to the Workers’ Compensation Appeal Board, which affirmed.

On appeal to the Commonwealth Court, the claimant argued that the employer’s payment of work-related medical bills tolled the three-year statute of limitations under § 315 of the Act. The court disagreed and dismissed the claimant’s appeal, holding payment of medical expenses may toll the § 315 statute of limitations where those payments were made “in lieu of” workers’ compensation benefits. According to the court, the controlling question is the intent of the employer. The court noted the employer issued a Medical Only Notice of Temporary Compensation Payable, paid only medical expenses, did not pay wage loss benefits and denied liability on the basis the injury was not work-related.

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