The Pennsylvania Supreme Court has thrown out an appeal asking whether an employee judgment winner was too late in his request for attorney fees and costs.

The order dismissed the appeal in a case captioned Szwerc v. Lehigh Valley Health Network as improvidently granted after the court heard arguments in September.

The order, issued Wednesday, means the Superior Court's July 2020 ruling that the plaintiff's motion was untimely filed will stand, said Gross McGinley's Kimberly Krupka, who represented the defendant. She said she is pleased with the outcome, though the nature of the order surprised her.