Employer Responsible for Paying for Repairs
In a decision filed on September 2, 2009, the Commonwealth Court ruled that an employer is responsible for paying for repairs to an injured workers' home due to substandard construction when that original construction was necessitated by claimant's work injury.
In Equitable Resources v. WCAB (Thomas), the employer was required to make modifications to claimant's bathroom due to claimant's paraplegia caused by his work injury. After that construction was completed, claimant began to experience water leakage in the bathroom and mold began to form in the walls and under the floors. The Court held that the employer is also responsible for paying for the repairs necessary to rectify the poor construction.