Under certain circumstances, employer may recover attorney’s fees when claimant pursues frivolous appeals

The claimant filed approximately 17 petitions for an alleged 1996 injury and had been before the Commonwealth Court five times for the same claim. The fourth time, the Commonwealth Court said that they agreed with the employer that the appeal was frivolous and that the conduct of the claimant and his counsel had been “obdurate and vexatious.” The court further pointed out that the claimant’s actions were unfair and unduly burdensome to the employer, who had been forced to defend against each of these unreasonable petitions. The claimant’s most recent petitions were denied by another Judge, whose dismissal of the petitions was affirmed by the Appeal Board. The claimant again appealed to the Commonwealth Court, which again dismissed the claimant’s appeal. This time, though, the court awarded costs and counsel fees incurred by the employer to defend the appeal against the claimant and his attorney. According to the court, the ability of the courts to impose sanctions under Pennsylvania Rule of Appellate Procedure 2744 in cases such as this one remains.

_{Case Law Alerts, 3rd Quarter, July 2015}

_{Case Law Alerts 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. Copyright © 2015 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}