Commonwealth Court Addresses Appeals Following a Remand in Workers' Comp Case
The appellate process when confronted with a remand can become a minefield. It is important for the practitioner to become familiar with the nuances of when and how to appeal. A review of Wheatley and its progeny as cited in the case, could prove to be invaluable.
January 30, 2024 at 09:09 AM
4 minute read
Cases and Courts
Christian Petrucci of the Law Offices of Christian Petrucci. Earlier this month, the Pennsylvania Commonwealth Court decided Wheatley v. Pyramid Hotel Group (Workers' Compensation Appeal Board), (Pa. Commw. No. 1017 C.D. 2022, filed Jan. 11, 2024), which addressed the untimeliness of an appeal. Given the convoluted, yet common fact pattern, a thorough review of Wheatley is warranted.
By way of background, the claimant filed a claim petition in January 2019, seeking benefits stemming from a work-related aggravation of preexisting conditions. The matter was litigated and in May 2020, the workers' compensation judge (WCJ) granted the claim petition. Both parties appealed the decision for various reasons and in March 2021, the board affirmed the WCJ's decision in part and reversed it in part, remanding the case back to the WCJ for additional findings.
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