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Merva v. Workers' Compensation Appeal Board

Denial of claimants request for reimbursement for Medicare affirmed because claimant's attorney had no authority to request subrogation on behalf of Medicare; refusal to assess a penalty against employer for failure to pay deposition bill affirmed because claimants contingency fee agreement with physician witness was illegal; denial of claimants request for imposition of attorney's fees for an unreasonable contest reversed.

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Submitted: October 27, 2000

OPINION

Shirley Merva (Claimant) petitions for review of two orders of the Workers’ Compensation Appeal Board (Board). *fn1 The Board affirmed the decisions of a Workers’ Compensation Judge (WCJ) granting the Claim Petition and Fatal Claim Petition filed by Claimant on behalf of her deceased husband, Augustine Merva (Decedent) and granting in part and denying in part Claimant’s Penalty Petition. The WCJ also denied Claimant’s request for unreasonable contest attorney’s fees, denied Claimant’s request that Medicare be reimbursed for medical bills incurred by Decedent as the result of his work-related injury, rejected Claimant’s argument that Decedent’s veterans benefits and social security benefits should be included in the calculation of his average weekly wage and denied Claimant penalties for Employer’s failure to timely pay a $2000 expert witness fee for a deposition. We affirm in part and reverse in part.

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