WCJ Allowed To Amend Work Injury On Own Motion

Source

City of Philadelphia v. WCAB (Smith), No. 768 C.D. 2007 (Pa. Cmwlth. 2008)
Analysis

Defendant appealed the Workers' Compensation Judge’s decision denying a termination petition based upon credit medical evidence of an injury beyond that listed on the operative document. The Commonwealth Court ruled that §413(a) allows a WCJ to amend the description of injury of his own volition if doing so is supported by credible evidence of record.
 

What it Means for You

The days of obtaining a termination because the operative document lists an artificially minor injury are gone. However, this does not mean that you should blindly expand the description of injury every time a new diagnosis is obtained. Contact a C&W workers’ compensation specialist to determine the best strategy regarding the injury description issue in your case.
 

Journal Edition

May 2008
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