Claimant Can Not Be Awarded Penalties After C&R

In Dr. Lincow v. WCAB (Prudential Securities, Inc.) the WCJ found the doctor's treatment unreasonable and unnecessary but on appeal to the Board, the WCJ's decision was reversed. The Board ruled despite the fact they were on notice that the case was C&R'd. The Doctor filed a Penalty Petition due to non-payment. On appeal from the Board, the Court reinstated the WCJ's ruling.

The WCJ denied the Penalty Petition finding the provider's claim was moot. The Court affirmed on this basis and on the basis that since the claim was C&R'd no penalties could be awarded because they are payable to the Claimant. The Court stated there was no standing because the Claimant had released the Employer from all liability under the Act.

This reasoning would suggest that a Claimant who alleges a violation of the Act in the administration of the C&R agreement does not have standing to file a Penalties Petition.