229 A.3d 27
Pa. Commw. Ct.2020Background:
- Claimant was in a work-related motor vehicle accident on May 15, 2014 and sought workers’ compensation benefits.
- Employer issued a Medical‑Only Notice of Temporary Compensation Payable (NTCP) on June 4, 2014, then issued a Notice Stopping Temporary Compensation (NSTC) and a Notice of Workers’ Compensation Denial (NCD) on July 31, 2014 denying liability.
- Employer paid medical bills as late as August 12, 2014 for treatment rendered July 24, 2014, but paid no wage‑loss benefits.
- Claimant filed a claim petition on June 5, 2017; the three‑year repose deadline under Section 315 was May 15, 2017.
- WCJ and the Board found Employer did not intend medical payments to be "in lieu of" compensation; therefore the Section 315 repose period was not tolled and the petition was untimely.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Claimant’s June 5, 2017 petition was time‑barred under Section 315 or tolled because Employer paid medical bills in lieu of compensation | Employer knew of injury and paid medical bills; such payments toll Section 315 per Harley‑Davidson | Medical‑Only NTCP (and later NSTC/NCD) show Employer intended to pay medical expenses only and did not accept wage‑loss liability; under Sloane tolling does not apply | Petition untimely; payments did not meet Schreffler two‑part test (work‑related + payments made with intent to replace compensation); repose not tolled |
Key Cases Cited
- Schreffler v. Workers' Compensation Appeal Board (Kocher Coal Company), 788 A.2d 963 (Pa. 2002) (establishes two‑part test for tolling: injury must be work‑related and payments made with intent to be in lieu of compensation)
- Sloane v. Workers' Compensation Appeal Board (Children's Hospital of Philadelphia), 124 A.3d 778 (Pa. Cmwlth. 2015) (medical‑only NCP signals intent to pay medical expenses but not wage‑loss; medical payments do not toll absent evidence payments were in lieu of compensation)
- Harley‑Davidson, Inc. v. Workers' Compensation Appeal Board (Emig), 829 A.2d 1247 (Pa. Cmwlth. 2003) (employer payment of medical treatment can toll Section 315 if employer intended payments as compensation)
- Furnari v. Workers' Compensation Appeal Board (Temple Inland), 90 A.3d 53 (Pa. Cmwlth. 2014) (payments in lieu of compensation must be voluntary, informal and intended to compensate for a work‑related injury)
- Wallace v. Workers' Compensation Appeal Board (Pittsburgh Steelers), 722 A.2d 1168 (Pa. Cmwlth. 1999) (same principle regarding intent behind payments)