Monday, May 19, 2003

Wausau Insurance Companies v. WCAB (Comm. of PA)

In Wausau Insurance Companies v. WCAB (Comm. of PA) Wausau argued that supersedeas reimbursement in a claim petition starts when compensation is no longer payable rather than a later date when supersedeas was requested. The context is a grant of a claim and a termination by the WCJ, then the Board (15 months later) reversed the termination portion of the WCJ's order. The Employer immediately filed a Termination Petition and appeal with supersedeas requests. On remand, the termination date found by the WCJ was later, but still 29 months prior to the Employer's supersedeas request. Reviewing the relevant case law and statute, the Commonwealth Court held the Employer cannot get supersedeas reimbursement prior to its request, even though the result is not equitable.

Based on this decision, the Employer has a right to and must file a petition with a supersedeas request during the pendency of a claim petition when evidence warrants. Disposition of the petition will be preserved in the appeal record.

No comments: