Posted On: December 8, 2007
Commonwealth Court Attempts Clarity of a Workers' Compensation Judge's Ability to Redefine Recognized Injuries
In Sears Logistic Services vs. WCAB (Preston), ___ a.2d___ (Pa. Cmwlth., No. 631 C.D. 2007, filed on December 5, 2007), the Commonwealth Court attempts to clarify when a workers' compensation judge is empowered to redefine a claimant's recognized injury in the absence of a review petition and in the context of a termination petition. The Court held that a workers' compensation judge may expand an injury on their own accord when the mistake in the Notice of Compensation Payable (NCP) relates to a "fact or condition that existed when the NCP was executed." It appears from this analysis that judges are not empowered to expand recognized injuries that flow from the work injury, i.e., occurred over time.
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