Bureau of Workers' Compensation v. Workers' Compensation Appeal Board
2011 Pa. Commw. LEXIS 583
| Pa. Commw. Ct. | 2011Background
- Bureau petitions for review of Board’s affirmation of WCJ’s grant of Supersedeas Fund Reimbursement to Wilkes-Barre.
- Claimant Eugene Rittel suffered a Jan 10, 2006 work injury; Wilkes-Barre paid ongoing compensation.
- Wilkes-Barre sought supersedeas denial and later termination petition; termination granted May 27, 2009; no appeal.
- Wilkes-Barre filed Aug 20, 2009 for Supersedeas Fund Reimbursement; WCJ granted May 24, 2010; Bureau appealed to Board.
- Board affirmed Feb 8, 2011; Bureau appealed to Commonwealth Court; issue framed around jurisdiction, evidence of WC vs Heart and Lung benefits, and Section 443(a) criteria.
- Court holds Board and WCJ had subject matter jurisdiction, two-thirds of payments were workers’ compensation benefits, and Section 443(a) criteria were satisfied for reimbursement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Subject matter jurisdiction over Supersedeas Fund Reimbursement | Bureau argues no jurisdiction under Heart and Lung Act. | Wilkes-Barre asserts WCJ/Board adjudicate under Workers' Compensation Act | Jurisdiction exists; WCJ/Board adjudicated under Workers' Compensation Act |
| Two-thirds of payments were workers' compensation benefits | Payments were entirely Heart and Lung benefits, not WC benefits | Self-insured employer paid WC benefits; two-thirds represent WC benefits | Two-thirds of payments constitute workers' compensation benefits |
| Compliance with Section 443(a) criteria for reimbursement | Heart and Lung required full salary; cannot satisfy reimbursement criteria | Supersedeas denied and WC benefits not payable; insurer entitled to reimbursement | Section 443(a) criteria satisfied; reimbursement warranted |
Key Cases Cited
- Wisniewski v. Workmen's Compensation Appeal Bd. (City of Pittsburgh), 621 A.2d 1113 (Pa. 1993) (two-thirds WC benefits for self-insured employer under Heart and Lung Act interplay)
- City of Phila. v. Workers' Comp. Appeal Bd. (Ford-Tilghman), 996 A.2d 569 (Pa. Cmwlth. 2010) (self-insured employer pays Heart and Lung and WC benefits; attorney fees addressed)
- Bureau of Workers' Comp. v. Workers' Comp. Appeal Bd. (Consol. Freightways, Inc.), 876 A.2d 1069 (Pa. Cmwlth. 2005) (limits of appellate review in WC/Board proceedings)