Summary
stating that a claimant can give notice to an employer before a physician establishes that the claimant's injury is compensable
Summary of this case from USX Corp. v. Workers' Compensation Appeal BoardOpinion
Argued May 6, 1982
October 8, 1982.
Workmen's compensation — Notice of injury — The Pennsylvania Workmen's Compensation Act, Act of June 2, 1915, P.L. 736 — Knowledge of employer.
1. The failure of an injured employe to give notice of his injury to his employer within one hundred twenty days as required by provisions of The Pennsylvania Workmen's Compensation Act, Act of June 2, 1915, P.L. 736, does not preclude his recovery of benefits when the employer had actual knowledge of the occurrence of the asserted injury. [332]
Argued May 6, 1982, before President Judge CRUMLISH, JR. and Judges CRAIG and DOYLE, sitting as a panel of three.
Appeal, No. 726 C.D. 1981, from the Order of the Workmen's Compensation Appeal Board in case of Steve Laskosky v. Duquesne Light Co., No. A-79188.
Petition to the Department of Labor and Industry for workmen's compensation benefits. Benefits awarded. Employer appealed to the Workmen's Compensation Appeal Board. Award affirmed as modified. Employer appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed. Application for reargument filed and denied.
John A. Lee, for petitioner.
John W. McIlvaine, for respondents.
Duquesne Light Company appeals a Workmen's Compensation Appeal Board order granting partial disability benefits to Steve Laskosky. We affirm.
On August 31, 1978, Laskosky's attorney notified Duquesne Light that Laskosky had a work-related disability. On October 5, 1978, he was examined by a physician who determined that he was totally disabled due to coal worker's pneumoconiosis. A claim petition was filed on February 7, 1979, and a referee granted partial disability benefits to Laskosky beginning October 5, 1978. After initially remanding the matter for additional findings of fact, the Board affirmed the referee's award of partial benefits but modified his order allowing benefits only from February 7, 1979.
Duquesne Light contends that the notice sent on August 31, 1978, was ineffective to fulfill the requirement of Section 311 of The Pennsylvania Workmen's Compensation Act that notice of an injury be given to the employer within 120 days of the injury. This contention is based on the fact that Laskosky had not yet been examined by a doctor and medical verification of his condition was not obtained until October 5, 1978.
Act of June 2, 1915, P.L. 736, as amended, 77 P. S. § 631.
We disagree. Section 311 requires notice to an employer be given within 120 days after an employee becomes aware of an injury, "[ u] nless the employer shall have knowledge of the occurrence of the injury." (Emphasis added.) In Findlay Refractories v. Workmen's Compensation Appeal Board, 52 Pa. Commw. 454, 415 A.2d 1270 (1980), this Court held that notice could be given prior to the establishment of an injury by medical testimony. We wrote:
The purpose of the notice requirement is to protect the employer from stale claims for injuries of which it had no knowledge, made after the time for a full and complete examination of the facts had passed. Therefore, actual knowledge of a compensable injury is sufficient.
Id. at 462, 415 A.2d at 1274.
In this case, Duquesne Light had actual knowledge of Laskosky's asserted injury and Findlay Refractories is controlling.
Affirmed.
ORDER
The order of the Workmen's Compensation Appeal Board, No. A-79188 dated March 19, 1981, is affirmed and it is ordered that judgment be entered for Steven Laskosky and against Duquesne Light Company, which is directed to pay partial disability compensation at the rate of $147.61 per week commencing February 7, 1979.
All past due amounts shall be interest-bearing at the rate of ten percent (10%) per annum.