R.L. Gary v. WCAB (JD Eckman, Inc.)
R.L. Gary v. WCAB (JD Eckman, Inc.) - 1153 C.D. 2016
| Pa. Commw. Ct. | May 17, 2017Background
- Robert L. Gary (Claimant) appealed the Workers’ Compensation Appeal Board’s May 25, 2016 order affirming the WCJ’s August 31, 2015 decision dismissing nine petitions as frivolous.
- Claimant contended he was tricked into signing a fraudulent compromise and release (C&R) and relied on Bechtel Power Corp. to challenge the C&R.
- The Board found many of Claimant’s petitions sought to relitigate issues already decided in the WCJ’s 2014 decision, which was then on appeal to the Board.
- The WCJ dismissed Claim, Modification, Penalty, Reinstatement, Review, and Set Aside Final Receipts petitions as duplicative or premature under the principle preventing relitigation while an appeal is pending.
- The Court’s review was limited to substantial-evidence, legal error, or constitutional-violation standards; the Court affirmed the Board’s order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Claimant can relitigate validity of the C&R in new petitions while a prior WCJ decision is on appeal | Gary: C&R is bogus/fraudulent and should be set aside now | JD Eckman/Board: Petitions are premature/relitigation of issues already decided and on appeal | Held: Petitions dismissed under Bechtel; Claimant must pursue the C&R validity through his existing appeal of the 2014 WCJ decision |
| Whether Bechtel prohibits current petitions | Gary: WCJ previously allowed withdrawals and C&R approval, so Bechtel should not apply | Board: Bechtel bars inconsistent positions and premature petitions; applies here | Held: Bechtel applies; WCJ correctly dismissed petitions to prevent relitigation |
Key Cases Cited
- Bechtel Power Corp. v. Workmen’s Compensation Appeal Board (Miller), 452 A.2d 286 (Pa. Cmwlth. 1982) (prevents a party from attacking a WCJ disability finding while pursuing an inconsistent termination petition; bars premature relitigation)
- Grasha v. Workmen’s Compensation Appeal Board, 413 A.2d 771 (Pa. Cmwlth. 1980) (claimant may not file a compensation claim while an employer’s termination petition appeal is pending)
- Gieniec v. Workers’ Compensation Appeal Board (Palmerton Hosp. & HM Cas. Ins. Co.), 130 A.3d 154 (Pa. Cmwlth. 2015) (articulates the underlying principle preventing premature petitions and inconsistent advocacy)