Pennsylvania Commonwealth Court Grants Application to Publish Case Handled by TT&H Attorney Burke McLemore that Dismissed a Claimant’s Review and Reinstatement Petitions

The Pennsylvania Commonwealth Court granted an application to publish a Workers’ Compensation case that Burke McLemore of TT&H’s Camp Hill, Pennsylvania office won. Burke persuaded the Workers’ Compensation Judge that the three year statute of repose barred the Claimant’s review and reinstatement petitions despite the Claimant having filed the petitions within three years of having received wage loss benefits. Burke was again successful before the Workers’ Compensation Appeal Board and Commonwealth Court.

Section 413(a) of the Workers’ Compensation Act bars the amendment of a work injury description after three years following the last payment of wage loss benefits. Burke established that the statute of repose expired in this case on March 12, 2018, which was three years after the Employer issued a notice stopping temporary compensation and a medical-only notice of compensation payable. Burke convinced the Judge that the parties’ execution of a supplemental agreement on April 23, 2018 wherein the Claimant would receive wage loss benefits could not toll the already-expired statute of repose. Burke also established favorable case law standing for the premise that employers have no duty to warn employees that the statute of repose will expire on a potential workers’ compensation petition.

Questions about this case can be directed to Burke McLemore at 717.255.7647 or bmclemore@tthlaw.com.