A joinder petition is deemed untimely if not filed within 20 days of the “triggering event” in litigation.

The Appeal Board reversed the Workers’ Compensation Judge’s decision, concluding that Employer A’s joinder petition was not filed timely. According to the Board, the joinder petition should have been filed after the claimant gave his testimony on May 6, 2013, at which time he said his physical duties with Employer B were causing an increase in his pain. The claimant appealed to the Commonwealth Court, but they affirmed the Board. The court pointed out that the testimony given by the claimant on May 6, 2013, was summarized by the Workers’ Compensation Judge in his decision. That testimony credibly established that the claimant had increased pain over the years from performing his job duties with Employer B. This finding was not challenged by the claimant on appeal, and the court held that this testimony was the “trigger” for filing a joinder petition.

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