Bob Evans Restaurants LLC v. R. Schriver (WCAB)
158 C.D. 2024
Pa. Commw. Ct.Mar 11, 2025Background
- Claimant Robert Schriver injured his back at work for Bob Evans Restaurants in May 2020 and was awarded temporary total disability benefits.
- Several petitions were filed: Claimant sought reinstatement and penalties for non-payment; Employer sought to reduce benefits, claiming Claimant’s average weekly wage was calculated incorrectly due to a misapplied bonus.
- The Workers’ Compensation Judge (WCJ) granted Employer’s wage reduction/reduction petition, allowing recoupment of overpayments, but also partially granted Claimant’s reinstatement and penalty petitions.
- Claimant appealed to the Workers’ Compensation Appeal Board (Board) but filed a notice of appeal that failed to specify factual or legal errors and included no attachments or supporting briefing.
- The Board reversed the WCJ’s wage reduction, even though Claimant’s appeal failed to clearly preserve or identify that issue; Employer then appealed to the Commonwealth Court.
Issues
| Issue | Schriver's Argument | Bob Evans' Argument | Held |
|---|---|---|---|
| Sufficiency of the Board appeal (level of specificity required) | Oral argument made the issues clear; Employer was not prejudiced | Notice of appeal was defective and failed to raise specific issues | For Employer; appeal must specify issues under the regulation |
| Whether WCJ’s wage recalculation could be reversed by Board | Board could reach wage issue due to substance of record | Board could not review WCJ’s wage finding due to procedural default | For Employer; Board erred by reviewing unpreserved issue |
| Whether Employer waived its waiver argument | Employer did not object to the defective notice in Board proceedings | Waiver of waiver is not applicable in this regulatory context | For Employer; no waiver of waiver occurred |
| Claimant's entitlement to remand for additional evidence | Sought remand to further support wage calculation | No remand appropriate due to procedural default | Denied; no remand granted |
Key Cases Cited
- Jonathan Sheppard Stables v. Workers’ Compensation Appeal Board, 739 A.2d 1084 (Pa. Cmwlth. 1999) (issue not specified in appeal to Board is waived; specificity is required under 34 Pa. Code §111.11(a)(2))
- Williams v. Workmen’s Compensation Appeal Board (Green Construction Company), 687 A.2d 428 (Pa. Cmwlth. 1997) (issues must be raised in the appeal form to the Board, not just argued in briefs or oral argument)