Lack of witnesses to incident shows notice of injury wasn't timely

In Pennsylvania, notice of an injury must be given to the employer within 120 days after the occurrence of the injury or no compensation is allowed, unless the employer has knowledge of the occurrence of the injury.

Case name: Barry v. Nog, 26 PAWCLR 138 (Pa. W.C.A.B. 2011).

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

Sub-subcontractor's employee not entitled to coverage from contractor (02/25/13)
Cleaner's use of helpers indicates independent contractor status (11/01/12)
Statement made weeks before termination moves claim forward (09/30/11)
Failure to rebut rehab counselor's report boosts driver's claim (04/19/12)
Hospital not subject to penalties for worker's fall in elevator shaft (04/19/12)

What it means: In Pennsylvania, notice of an injury must be given to the employer within 120 days after the occurrence of the injury or no compensation is allowed, unless the employer has knowledge of the occurrence of the injury.

Summary: While he was having an argument with another bartender, the claimant punched the glass pane in a door. The glass broke and cut a main artery. Another employee who used to be a nurse pinched the main artery until the claimant was taken by ambulance to the hospital. No one else actually witnessed the incident that caused the injury. The board ruled that the WCJ lacked substantial evidence to support her finding that the claimant provided the employer with notice of a work injury within the statutory 120-day time period. The WCJ granted the claimant's claim petition for the limited purpose of recognizing a work injury so that the employer had the responsibility to pay reasonable and necessary medical expenses causally related to the injury. The board reversed, determining that there was actual notice of a work-related injury or that the claimant gave the employer notice of a work injury within the required 120 days. There was no substantial evidence that anyone other than the claimant actually witnessed the incident. They only witnessed the aftermath of the incident.

Read more at the WorkersComp Forum homepage.

October 6, 2011

Newsletter Sign-up