Case Law Update | Schatzberg/Phila Pain Mgmt v. WCAB (Pa. Cmwlth. March 30, 2016) | PA Work Injury

March 30, 2016

Injury resolved via C&R without either admission of liability or inclusion of medical bills/costs to be paid.  Provider sought penalty against employer alleging violation via failure to give provider notice & opportunity to intervene.

 

No go.  C&R agreement must be explicit with regard to payment of medical expenses.  Here, the agreement did not state medicals would be paid and clearly indicated: “Medical: 0.”  Also, no admission or adjudication of liability or even of work-related injury.

 

Unavailing: Provider reliance on claimant counsel to protect provider’s interest and 2) assertion that approval of C&R means it is “only logical” that medicals will be due and payable. 

 

http://www.pacourts.us/assets/opinions/Commonwealth/out/1914CD15_3-30-16.pdf?cb=1

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