Section 306(a.2) Sixty (60) Days Runs From the Date of Payment When the 104 Weeks Expires During the Pendency of a Claim Petition.

Wal-Mart Stores, Inc. v. WCAB (Rider) gives an answer to the question of what happens when the 104 weeks under section 306(a.2) of the Act runs while the case is in litigation on a claim petition. The IRE ended up being requested almost 14 months after the 104 weeks ran.

At the point the 104 weeks ran, the Employer had an appeal pending with the Board. The Board eventually remanded, then the WCJ issued an Order granting the claim 13 months after the 104 weeks ran. The Employer let this Order become final, and promptly requested an IRE.

The Commonwealth Court assumed the Board had granted supersedeas on the Employer's initial appeal, and therefore assumed the employer paid only after the WCJ's final Order, and held the IRE was properly requested within sixty (60) days of when the 104 weeks was paid.