In Griffiths v. WCAB (Seven Stars Farm, Inc.) 148 MAT 2005 (Decision by Chief Justice Castille, Decided March 19, 2008) the Pennsylvania Supreme Court reversed the Commonwealth Court and held that under proper circumstances, a van and the modifications to make it wheelchair accessible qualify as an orthopedic appliance, and make the employer/carrier responsible for its payment. The need for the modified van is a direct result of the claimant's work injury, and the van directly addressed the lack of mobility caused by the work injury. This case was argued by Martin Banks Pond Lehocky & Wilson attorney Matthew L. Wilson.
The Pennsylvania Supreme Court went further and reversed the Commonwealth Court, holding that the employer/carrier is responsible for 100% of the cost of the van and its retrofitting. Originally, the Commonwealth Court held that the employer was only obligated to pay for 80% rather than 100% of the cost of retrofitting the van because Section 306(f.1)(3)(i) there was an 80% limitation for products and services that are not calculated under the Medicare program. The Pennsylvania Supreme Court reasoned that the 80% limitation set forth by the above-named Section only applies to services offered by a provider, who is defined as a healthcare provider. By contrast, the above-referenced section, which requires employers to pay for orthopedic appliances, does not require the existence of a healthcare provider.
