Employer entitled to Supersedeas Fund Reimbursement for benefit payments made under NCP issued by mistake.

The employer filed a Petition to Review/Set Aside a Notice of Compensation Payable (NCP) pursuant to §413, alleging that the NCP had been issued in error. In connection with that petition, the employer requested supersedeas, which was denied. The parties later entered into a Compromise and Release Agreement to resolve future payments, but agreed to allow the employer's review petition, as well as a termination petition, go to decision. The Workers’ Compensation Judge granted the review petition. The employer then sought reimbursement from the Supersedeas Fund for the benefits they paid to the claimant under what the judge found to be a null and void NCP.

The employer's request to obtain Supersedeas Fund Reimbursement on the review petition was denied at the agency, judge and Appeal Board levels. The Commonwealth Court reversed those decisions, agreeing with the employer that under §443 (a) of the Act, Supersedeas Fund Reimbursement was available to the employer.

Case Law Alert - 2nd Qtr 2012