When considering our obligations to issue various indemnity and medical treatment expense payments on a particular claim, it is essential that in addition to being familiar with the applicable case law and statutory law, to be clearly cognizant of the scope and nature of pending Pennsylvania Bureau of Workers' Compensation documents issued on the claim.
Furthermore, there may be significant and favorable limitations available on our obligations to make payments, depending upon the “controlling” Bureau documents issued and the passage of time post injury.
The Pennsylvania Commonwealth Court has issued some recent decisions which limit or void an obligation for indemnity payments, otherwise at issue, where the only Bureau document issued on a claim post injury is in the nature of a Medical Only Notice of Compensation Payable.
Specifically this Court has held, where there has been no formal acceptance for disability payments on a claim, nor Indemnity benefits otherwise issued without such a document, a claim for these benefits, a formal claim may be required to be filed within three years of the date of injury to be viable.
These Court determinations underscore the importance of familiarizing ourselves with all Bureau documentation on a claim and to be cognizant of the most recent document issued, controlling obligations on the claim before making any payments.
Disclaimer: The contents of this post are for informational purposes only, are not legal advice and do not create and attorney-client relationship.
For more information please contact Kurt C. Walsh at kwalsh@wglaw.com or 570.961.2161