Untimely notice of work injury to employer sinks claim

To prove that the employer was given notice of an injury, the claimant must show that the employer knew or was informed of the injury and that it was work-related.

Case name: Ross v. Slender You of Leola, 25 PAWCLR 45 (Pa. W.C.A.B. 2010).

Ruling: The Pennsylvania Workers' Compensation Appeal Board reversed the workers' compensation judge's grant of the claimant's claim petition.

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What it means: To prove that the employer was given notice of an injury, the claimant must show that the employer knew or was informed of the injury and that it was work-related.

Summary: A workers' compensation judge awarded the claimant temporary total disability benefits after she alleged that she sustained a work-related disc herniation with radiculopathy on May 25, 2007. She claimed that she had cleaned 42 tanning beds that day and experienced numbness in her right arm and several fingers, as well as excruciating pain in her shoulder. The board reversed the grant of the petition, finding that the claimant failed to provide timely notice of her work injury to the employer. Although she complained to an administrator on May 31, 2007, that she had pain and numbness going down her arms, she did not specifically relate these problems to her work. On Oct. 11, 2007, the claimant reported her work injury to the employer by letter. Because that date was more than 120 days from the date of the work injury, the board concluded that the claimant failed to provide notice in a timely manner. As a result, she was denied compensation under Section 311 of the Workers' Compensation Act.

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May 20, 2010

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