Friday, July 18, 2003

Helen Mining Case Applies To Reimbursement of Lost Time to Travel For Medical Treatment

In R. Berrian v. WCAB (PA State Police) the credibility determinations of the WCJ were upheld in every respect, but in analyzing the Claimant's request for 96 hours of lost time to attend long distance medical treatment, the Commonwealth Court stated Helen Mining v. W.C.A.B. (Tantlinger) 616 A.2d 759 (Pa. Cmwlth. 1992) applies to this determination. Unfortunately, the Claimant testified she went for long distance treatment because of her longstanding relationship with the doctor and her preference to treat with him. The Court stated this was "precisely the type of personal preference for treatment that Helen Mining explains is not reimbursable." (bold and italics in original)

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