 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Galloway v. Workers' Compensation Appeal Board8/4/2000
Submitted: June 16, 2000
Presently before this Court are the consolidated appeals of Judith Galloway (Claimant) and the Pennsylvania State Police/State Workers' Insurance Fund (Employer) from a decision of the Workers' Compensation Appeal Board (Board) which affirmed in part and reversed in part a decision of a Workers' Compensation Judge (WCJ). For the reasons which follow, we affirm.
The record reflects that in March of 1982, Claimant sustained a work-related injury in the nature of severe depression during the course of her employment with Employer. Pursuant to a decision of a WCJ, Claimant began receiving benefits.
Thereafter, in February of 1997, Claimant filed a penalty petition, alleging that Employer had unilaterally terminated her benefits. Employer denied the allegations and a hearing was held before a WCJ. At the hearing, counsel for Employer indicated that Claimant's benefits were suspended based on her failure to return a properly completed LIBC-760 Form. Specifically, Claimant refused to reveal her residential address.
In response, Claimant's counsel stated that Claimant's compensation checks had been forwarded to his address in Pittsburgh, Pennsylvania pursuant to a Power of Attorney. Counsel indicated that he was acting in a fiduciary capacity for Claimant, that Claimant wished for this procedure to continue and that Claimant did not want to disclose her address to Employer.
The WCJ then made the following finding:
This judge finds that although Claimant has provided her counsel with Power of Attorney to obtain her checks, this method does not permit compliance by the Claimant with the Act. Furthermore, Claimant has not submitted any legitimate reason for the necessity of the Power of Attorney. Therefore, this judge finds that until Claimant is in compliance with the Act, specifically Claimant submits her residential address to the Employer/Carrier, Employer has not violated the Act.
This judge notes that Claimant's benefits should be reinstated once she provides her current residential address to the Employer/Carrier. However, anything other than the specific residential address is not acceptable. (WCJ's opinion at page 4, emphasis in original).
Claimant appealed and the Board affirmed in part and reversed in part. Citing Bureau Rule 121.25, the Board noted that an attorney can receive compensation checks if that attorney is acting in a fiduciary capacity. Because Claimant's counsel was provided with a Power of Attorney allowing him to receive Claimant's checks, the Board concluded that a fiduciary capacity existed and that Claimant's counsel could properly receive the checks. The Board went on to state:
Based upon the circumstances of this case, specifically Claimant's failure to supply a residential address to [Employer], we do not believe the Judge abused her discretion in denying penalties in this case. However, we believe she did err in suspending Claimant's benefits until such time as she would provide a residential address as there is no support for such suspension contained within the language of the Act. Thus, we will reverse the suspension of Claimant's benefits. (Board opinion at page 4).
The Board stated, however, that the WCJ was correct in ordering Claimant to provide her residential address. The Board emphasized that it is necessary for Employer to know where Claimant lives in order to provide job referrals, to facilitate management of Claimant's claim and, finally, to investigate Claimant's level of impairment in order to avoid fraud. Hence, the Board determined that while the WCJ erred in allowing the suspension of Claimant's benefits until s
Page 1 2 3 Pennsylvania Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|