 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Safety National Casualty Corp. v. Workers' Compensation Appeal Board11/30/2005
Petitioners Safety National Casualty Corporation (Safety) and Penn State University (Employer) petition for review of an order of the Workers' Compensation Appeal Board (Board) which, in relevant part, granted the appeal of PMA Insurance Group (PMA) from an order of a Workers' Compensation Judge (WCJ). The WCJ had, in relevant part and on remand from this Court, apportioned disability benefits previously awarded to H. Richard Draper (Claimant) pursuant to the Pennsylvania Workers' Compensation Act (Act) between Safety and PMA. The Board affirmed the WCJ's order in part, and modified that order's apportionment of wage loss liability between the two insurers. We affirm.
On March 18, 1990, Claimant was injured in the course and scope of his employment when he fell and struck his head. Thereafter, Claimant began receiving partial disability benefits under the Act for an injury to his cervical spine. He subsequently returned to work for Employer on light duty while continuing to receive his partial disability benefits from Employer's insurer at that time, PMA.
On December 9, 1999, Claimant filed a Claim Petition alleging that he had sustained multiple injuries on November 1, 1999, as a result of his involvement in a motor vehicle accident within the course and scope of his work for Employer. On November 1, 1999, Safety was Employer's insurer. Employer filed an Answer to Claimant's Claim Petition, denying the material allegations therein.
On January 18, 2000, Claimant filed a Reinstatement Petition alleging total disability related to his 1990 injury after Employer dismissed him from his light duty position in the wake of his 1999 injuries. Employer and PMA timely filed an Answer to Claimant's Reinstatement Petition, denying the material allegations therein.
Claimant's Petitions were subsequently consolidated, and hearings thereafter ensued before the WCJ. By order circulated September 6, 2001, the WCJ, in part relevant to the instant proceedings, granted Claimant's Claim Petition, concluding that he had met his burden of proving that he sustained disabling work-related injuries as a result of the 1999 accident, which injuries related to his 1990 work-related injury and also included new injuries. The WCJ further concluded that as of November 1, 1999, PMA was entitled to a suspension of Claimant's partial disability benefits related to the 1990 injury. Additionally, the WCJ denied Claimant's Reinstatement Petition, concluding that Claimant did not meet his burden thereunder.
Employer and Safety appealed the WCJ's decision and order to the Board, which reversed the WCJ's suspension of PMA's payments of Claimant's previous partial disability award, and remanded the case back to the WCJ for a recalculation of Claimant's average weekly wage and for apportionment of Claimant's award between PMA and Safety. Claimant thereafter timely appealed the Board's order, dated October 21, 2002, to this Court, arguing inter alia that the Board erred in its remand for apportionment of the benefits due between PMA and Safety.
Addressing the apportionment issue in our prior opinion, H. Richard Draper v. Workers' Compensation Appeal Board (Penn State University) (Pa. Cmwlth., No. 2645 C.D. 2002, filed July 29, 2003) (hereinafter, Draper), we noted that the WCJ had failed to specifically find the degree of causation, if any, of the 1990 injury in relation to the 1999 disability. Relatedly, we further noted that the WCJ had failed to expressly address whether Claimant's 1990 injury materially contributed to Claimant's total disability in the wake of the 1999 injuries, and that such an inquiry was essential to the proration to be assigned to the respective ins
Page 1 2 3 4 5 6 Pennsylvania Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|