In case you missed it, the Commonwealth Court recently decided in Fitzgibbons v. WCAB (City of Philadelphia) that an injured worker has three years from the last date of payment to file a petition to review the description of injury, even in a case where the injuries existed at the time the NCP was issued. This decision must be read in context of the other seminal cases dealing with amending the description of injury.
By way of background, the 2007 Commonwealth Court case of Cinram Manufacturing Inc. v. WCAB (Hill) held that a workers’ compensation judge did not err in expanding the claimant’s accepted work injury from a lumbar strain to a herniated disc during the pendency of a termination petition, despite the fact that the claimant never filed a review petition seeking to expand the injury.
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