Fargo v. Workers' Compensation Appeal Board
148 A.3d 514
| Pa. Commw. Ct. | 2016Background
- Fargo worked as a firefighter for the City of Philadelphia beginning in 1972;
- He sued for Section 108(r) occupational disease benefits for cancer caused by exposure to known Group 1 carcinogens;
- Last workplace exposure occurred July 31, 2001, triggering a 600-week filing window under Section 301(f);
- Diagnoses include squamous skin cell carcinoma (1997), malignant melanoma (2005), and bladder cancer (2012);
- Claim petition filed March 14, 2014, and was dismissed as untimely by the WCJ, with Board affirming;
- Court holds Section 301(f) imposes a 600-week filing deadline distinct from the 300-week manifestation window, and the claim is untimely under that deadline;
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 301(f) creates a 600-week filing deadline separate from 301(c)(2) | Fargo argues 301(f) extends the 300-week manifestation period to 600 weeks for Section 108(r) | Board/Employer argues 301(f) sets a 600-week filing limit distinct from 300-week manifestation | Yes; 301(f) is a distinct filing limit (statute of repose) within 600 weeks |
| Whether 600 weeks can be extended by a discovery rule | Discovery rule may toll 315, extending filing time under 301(f) | Section 301(f) is a repose, not subject to discovery tolling | Discovery rule does not apply; 600 weeks is a repose period |
| Whether a 300-week presumption applies if filing within 600 weeks | Presumption of compensability applies if within 300 weeks | Presumption applies only if within first 300 weeks; otherwise not | Presumption applicable only within 300 weeks; filing after 300 but within 600 loses presumption |
| Whether filing before 600 weeks can survive if last exposure was 2001 | Claims within 600 weeks should not be barred if causation shown | Untimeliness still bars; 600-week limit extinguishes claim after period | Claim filed March 2014 after 600 weeks; untimely under 301(f) |
Key Cases Cited
- Cable v. Workmen’s Compensation Appeal Board (Gulf Oil/Chevron USA, Inc.), 664 A.2d 1349 (Pa. Cmwlth. 1995) (begins 600-week period at last exposure; 300-week limit is for manifestation)
- Tooey v. AK Steel Corp., 81 A.3d 851 (Pa. 2013) (interpretation of 301(c)(2) and timing of disability/manifestation)
- McKeesport v. Workers’ Compensation Appeal Board (Miletti), 746 A.2d 87 (Pa. 2000) (300-week disability/last exposure framework for occupational disease)
- Westinghouse Electric Corp./CBS v. Workers’ Compensation Appeal Board (Korach), 883 A.2d 579 (Pa. 2005) (triggering event for repose vs. limitations in workers’ comp)
- Price v. Workmen’s Compensation Appeal Board (Metallurgical Resources), 626 A.2d 114 (Pa. 1993) (discovery rule tolls 315 for occupational disease claims)