What's Hot in Workers' Comp - News and Results*
NEWS
Michele Punturi (Philadelphia, PA) authored the article “Reflections on a Pandemic” for the Philadelphia Bar Reporter. Read it here.
RESULTS*
Michael Duffy (King of Prussia, PA) won a case where the carrier issued a Notice of Temporary Compensation Payable, agreeing to pay both indemnity and medical benefits for a lumbar strain allegedly sustained by the claimant. The 90-day period began on April 22, 2018, and ended July 20, 2018. On June 21, 2018, the claimant filed a claim petition for workers’ compensation benefits, alleging a low back injury. On July 17, 2018, the carrier issued a Notice Stopping Temporary Compensation Payable, stopping benefits as of June 5, 2018, and a Notice of Compensation Denial. Thereafter, the claimant filed a petition for penalties in which he averred the carrier violated the Pennsylvania Workers’ Compensation Act by failing to stop benefits within five days of receipt of the last payment of benefits. Accordingly, the NTCP converted to a Notice of Compensation Payable. The judge issued an Interlocutory Decision, ordering the carrier to reinstate disability benefits due to its failure to stop the claimant’s benefits within five days of the last payment. Mike appealed on behalf of the carrier, arguing that the Interlocutory Order was a final adjudication merely labeled as “Interlocutory.” The carrier argued that because the judge’s order drastically altered the procedure and burdens of the litigation, it was a final adjudication and the carrier had a right to appeal. The carrier further argued that, even when a defendant fails to file a notice stopping benefits within five days after the last payment, but does so within the 90-day NTCP timeframe, the NTCP does not convert to a NCP. Nevertheless, the Appeal Board agreed that the Interlocutory Order was, in fact, a final adjudication and further reversed the judge’s order. The Board found that the NTCP was properly stopped and denied within the 90-day NTCP timeframe, so it did not convert to an NCP.
*Prior Results Do Not Guarantee A Similar Outcome
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2020 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.