Saturday, December 11, 2004

Commonwealth Court Confirms Claimant Does Not Waive Timeliness Argument By Attending IRE

In Wellington Foods v. WCAB (Rice), the Claimant attended an IRE requested more than 60 days after payment of 104 weeks of total disability benefits. The Commonwealth Court rejected the Employer's argument the Claimant waived his objection to the timeliness of the IRE by attending the IRE.

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