Pennsylvania Supreme Court Limits 120‑Day Notice Requirement for Owner-Employees

Erie Insurance Property and Casualty Company v. David Heater( WCAB); No. 103 MAP 2024; decided March 26, 2026; by Chief Justice Todd.

In this case, the Supreme Court considered the issue of whether an injured worker, who was a sole proprietor, must give notice of his work injury under Section 311 of the Act, to the workers’ compensation insurance carrier within 120 days in order to comply with the notice provisions of the Act.

In the underlying case, the claimant was the sole owner and employee of his general contracting business. On September 28, 2025, while performing roof repairs, he allegedly fell from a ladder and fractured his neck, requiring immediate surgery.  The claimant applied for workers’ compensation benefits from his company’s carrier. The insurer issued a Notice of Workers’ Compensation Denial (NCD), denying the claim on the basis that the claimant was actually injured when attempting to perform a back flip on break, and on the basis that he did not give notice of his injury within 120 days under Sections 311-313 of the Act.  After the denial was issued, the claimant filed a claim petition for the injury.

The Workers’ Compensation Judge (WCJ) dismissed the claim petition, finding that the claimant failed to provide timely notice to his insurer, as required by Section 311. The WCJ’s decision was affirmed on appeal by the Workers’ Compensation Appeal Board and by the Commonwealth Court.

The Supreme Court, however, after granting the claimant’s request to hear an appeal, reversed the decision of the Commonwealth Court.  The Court noted that although Section 311 does not define the term employer, definitions of that term are contained in Section 401, which includes an insurer, and Section 103, which does not.  The Court held that the plain language of Section 311 controlled, and does not require an injured claimant who is the sole employee and owner of a business to notify an insurer of a work-related injury within 120 days to be eligible for compensation.