Tuesday, May 20, 2008

Supreme Court Grants Appeal in Case Where WCJ Amended the Description of Injury Without a Review Petition

In Cinram Manufacturing, et al, Pets v. WCAB (Hill) the Supreme Court granted the Employer’s Petition for Allowance of Appeal.

The Employer is arguing the Claimant had to file a Review petition according to Jeanes Hospital v. WCAB (Hass), 872 A.2d 159 (Pa. 2005) and Commercial Credit Claims v. WCAB (Lancaster), 728 A.2d 902 (Pa. 1997).

The Employer filed a Termination petition alleging the Claimant was fully recovered from the accepted injury, a lumbar strain. The Employer’s doctor so testified. The Claimant’s doctor testified a herniated disc present at least four years prior to the injury was aggravated and the Claimant had not fully recovered from this condition. The WCJ accepted the Claimant’s doctor’s opinion.

The WCAB and Commonwealth Court analyzed this case on a substantial evidence standard.
However, the issue is really one of due process. The Employer was not able to defend where the Employer’s medical witness met the Employer’s burden and there was no Review petition at issue.

September 13, 2007 post