Marek v. WCAB (Logistics Express, Inc.), __ A.3d __ (Pa. Cmwlth., No. 2128 C.D. 2013, filed July 16, 2014).
The claimant filed a penalty petition alleging that the employer had violated the Act through its failure to serve the claimant with a copy of a utilization review determination.
The Court found that the regulations do not impose a service requirement on the employer. Rather, the requirement is on the URO to serve the determination on all of the parties. The order of the Board, which affirmed the WCJ’s decision to deny the penalty, was affirmed.