Christian Petrucci of the Law Offices of Christian Petrucci.
In what has become an interesting if somewhat inexplicable trend at the Pennsylvania Commonwealth Court, the court issued a nonprecedential (unreported) case. The reason this particular case, Benyo v. Workers’ Compensation Appeal Board (Hazle Township Supervisors), No. 1694 C.D. 2018, was unreported is most likely the fact that the law is somewhat settled, even if the appellant offered a novel argument, seeking to expand existing case law. Benyo is an example of why it is often worthwhile to review nonprecedential cases issued by the Commonwealth Court, since they often nicely summarize the status of the law on any particular issue. Nonprecedential cases are persuasive authority that may come in handy.
In Benyo, the court rendered a decision dealing with the three-year statute of limitations found in Section 413 of the act for a claimant seeking to add injuries to those accepted in a medical-only notice of compensation payable. I dare say that this issue arises constantly, and Benyo serves as a stark reminder that a review petition can very well be time-barred under the three-year statute of limitations in most instances. It is imperative for the claimant’s practitioner to diary the statute, even if there is an “accepted” claim to amend the description of injury timely, if warranted.
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