TT&H Attorneys Marc Aoun and John Morgan Win Dismissal of Untimely Filed Claim Petition

TT&H attorney Marc Aoun recently persuaded an Allentown Workers’ Compensation Judge to dismiss a Claim Petition as untimely filed. The claimant filed a Claim Petition in January 2023 alleging that he developed an occupational disease, with a date of injury of February 5, 2018. The claimant was provided an opportunity to testify so that it could be determined whether any facts justified the tolling of the three year statute of repose that applies to occupational disease claims.

Marc’s cross examination of the claimant revealed that the claimant knew about his occupational disease and its purported relatedness to work as early as February 2018, as the claimant admitted that he told his employer that he believed the disease was related to work at that time. The claimant also admitted that he became disabled as a result of the disease in March 2018.

These facts meant that the Claim Petition was filed well beyond the three-year statute of repose. The Judge agreed with the employer’s argument, briefed by John Morgan, and granted the employer’s Motion to dismiss.

Questions about this case can be directed at Marc Aoun at maoun@tthlaw.com or 610-332-7006, or John Morgan at jmorgan@tthlaw.com or 267-861-7580.