Christian Petrucci of the Law Offices of Christian Petrucci. Constructive Notice Under the Workers' Comp Act in 'Woodhouse'
The court ultimately concluded that the communications in question as revealed in the record were not sufficient to satisfy the notice requirements of the act, thereby reversing the underlying decisions of both the workers' compensation judge (WCJ) and the Workers' Compensation Appeal Board (board).
September 29, 2023 at 12:25 PM
7 minute read
CommentaryIn the recent decision of Hershey v. Woodhouse (Workers' Compensation Appeal Board), (Pa. Commw., No. 904 C.D. 2022, filed Aug. 3, 2023), the Pennsylvania Commonwealth Court addressed the always-relevant issue of how a claimant can meet the burden of proof under the Workers' Compensation Act of timely, legal notice under Sections 311 through 313 of the act. In particular, Woodhouse deals with what is termed "constructive notice," or notice that is not specific, but should have been inferred by the employer given a "series of communications" between the employer and employee. The court ultimately concluded that the communications in question as revealed in the record were not sufficient to satisfy the notice requirements of the act, thereby reversing the underlying decisions of both the workers' compensation judge (WCJ) and the Workers' Compensation Appeal Board (board).
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