Thursday, September 11, 2003

Petition to Review Utilization Review Determination Timely If Filed 30 Days After Bureau's Receipt

In P. Gallie v. WCAB (Fichtel & Sachs Industries) The Commonwealth Court affirmed the WCJ, who determined that Section 306(f.1)(6)(iv) of the Act can be read to allow a party to file a Petition to Review Utilization Review Determination within thirty days of the Bureau's receipt of the underlying Determination, even where this date was after the date the party actually received it.

Accordingly, if there is an issue about timely filing, the parties will have to check with the WCJ's office to determine the date of the Bureau's receipt of the Utilization Review Determination. This would be the date stamped by the Bureau on the Utilization Review: Determination Face Sheet. Pray that it is legible, because the receipt of this document was not recorded in the Bureau's Comprehensive Information Management System (CIMS) in the case I looked at.

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