Monday, March 22, 2004

Employer Has Thirty Days After WCAB Supersedeas Disposition to Pay

In R. Snizaski v. WCAB (Rox Coal Company) the Commonwealth Court reversed its holding in Hoover v. WCAB (ABF Freight Systems) and stated an employer shall not be penalized for not paying workers' compensation benefits due under an Order of the WCJ while the time for review of the Employer's supersedeas request before the Workers' Compensation Appeal Board has not expired. Judge Friedman's dissent pointed out the Board's procedure can take fifty (50) days, and with thirty (30) days to pay thereafter, the Employer could pay eighty (80) days after a WCJ's order without penalty.

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