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Guthrie v. Workers' Compensation Appeal Board

Under the non-duplication of recovery provision of the PennsylvaniaProperty and Casualty Insurance Guaranty Act, the Pennsylvania Property and Casualty Insurance Association was allowed to offset the amount of medical benefits claimants received from a solvent insurance carrier against the amount claimants sought in their medical malpractice suit against an insolvent insurance carrier.

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Submitted: July 14, 2000

James Guthrie (Claimant) petitions this Court for review of a Workers’ Compensation Appeal Board (Board) order that affirmed the decision of a Workers’ Compensation Judge (WCJ) dismissing Claimant’s claim and review petitions because they were not timely.

The WCJ found as follows. Claimant suffered an injury on April 10, 1980 while working for Keystone Coal Company (Employer) when he fell against a conveyor, hit his face, and sustained a lip laceration and loosened teeth. Claimant resumed employment after receiving 5.3 weeks of benefits. On or about March 2, 1982, Employer filed a termination petition, asserting that Claimant had returned to his job on May 19, 1980 without a loss of earning power. A referee *fn1 then granted Employer’s termination petition effective May 19, 1980. Thereafter, in May of 1998, Claimant filed a claim petition asserting that he had a disfiguring scar due to his April 10, 1980 work injury. Claimant later amended his claim petition to include a review petition, and Employer moved to dismiss these combined petitions for untimeliness. (WCJ’s Findings of Fact Nos. 1-5, Decision circulated October 8, 1998, p. 3.)

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