The Workers’ Compensation Act imposes upon employers the duty to begin payment of compensation benefits in a prompt manner. Occasionally, the question arises: what should be done in the event payments are promptly made for a claim that ultimately is determined to not be work-related? Or if the description of injury is overstated? The employer is entitled to seek relief under Section 413(a) of the act to review compensation benefits based on a material mistake of fact.

Last week, the Pennsylvania Commonwealth Court revisited the setting aside of mistaken obligations in the matter of VNA of St. Luke’s Home Health/Hospice v. Oritz (Workers’ Compensation Appeals Board). In so doing, it looked back to the long-standing precedent articulated in Barna and Beissel.