PENNSYLVANIA WORKERS’ COMPENSATION
CASE SUMMARIES
4/1/2026 – 4/30/2026
SUBROGATION
THIRD PARTY MEDICAL PAYMENTS
Sandy Coogan v. James D. Morrisey, Inc. (WCAB)
Commonwealth Court of Pennsylvania –Unreported Memorandum Opinion
Decided: April 8, 2026
Issue:
Whether the WCJ committed reversible error by failing to order Employer to reimburse the Teamsters for Decedent’s medical expenses, where the Teamsters had not raised the lien issue before the WCJ?
Background:
The dispute originated with the filing of the Fatal Claim Petition. Claimant alleged that Decedent suffered a heart attack at work and remained hospitalized until his death. Decedent’s medical expenses and other benefits were covered by the Teamsters. The WCJ found that Decedent suffered an acute negative emotional trigger after arguing with his supervisor, which was a significant contributing factor to his acute myocardial infarction. The WCJ awarded fatal claim benefits. Employer appealed to the Board, and Claimant filed a cross appeal, in which she argued that the WCJ erred by failing to conclude that Decedent’s medical care was reasonable and necessary and by failing to hold Employer liable for said care. The Board affirmed.
Holding:
The Court has consistently interpreted Section 319 to mean that the right to subrogation must be either agreed to by the parties or established by the subrogee, specifically, during the proceedings on the underlying claim petition. It was the responsibility of the subrogee (Teamsters) to assert its subrogation interest at the time of the hearing before the WCJ. The Teamsters, as subrogee, bore the responsibility to seek reimbursement from Employer for medical expenses. While Section 319 permits the insurer to “stand in the shoes of the insured,” it does not permit the insured to stand in the shoes of the insurer, as Claimant attempted to do here. While Claimant’s counsel tried to introduce evidence of the Teamsters’ purported subrogation interest, such an effort was insufficient to assert that interest. Under Section 319 the subrogor employee cannot seek subrogation on an insurer’s behalf. The WCJ did not erred by disallowing evidence of the Teamsters’ subrogation lien. Affirmed.
STATUTE OF LIMITATIONS
REINSTATEMENT PETITIONS
Carleton Holman v. School District of Philadelphia (WCAB)
Commonwealth Court of Pennsylvania – Unpublished Memorandum Opinion
Decided: April 17, 2026
Issue:
Whether the Claimant’s Reinstatement Petition was time barred under the Workers’ Compensation Act?
Background:
In Holman I, a prior disposition on this claim, the Board ordered the Employer to make ongoing payments to the Claimant. The Court reversed the Board’s decision awarding indemnity and held that Employer’s timely filing of a Medical-Only NCP to stop compensation payments under an NTCP comported with both the Act and regulations, thus discontinuing benefits that the Claimant should never have received in the first place. After Homan I, Claimant filed a Reinstatement Petition asserting a worsening of condition. This petition was filed within three years of the last payment of the benefits that were deemed improperly awarded in Holman I. The WCJ denied and dismissed the Reinstatement Petition as time barred under Section 413(a) of the Act, because it was filed more than three years after his 2017 work injury. While Employer paid Claimant benefits pursuant to the Board’s prior decision, those benefits were found to be improper in Holman I, and thus, did not toll the statute of repose.
Holding:
Section 413(a) of the Act is a statute of repose which requires a claimant to act on his right to workers’ compensation within the time provided or his substantive right will be completely extinguished. The payment of workers’ compensation disability or payments in lieu of such benefits may not be reinstated where an award of such payments has been reversed on appeal. Claimant did not raise or provide argument regarding any specific claim of error in the Board’s analysis. Claimant merely maintained that the result reached went against the remedial nature and humanitarian purposes of the Act. Claimant argued that he had no basis to file either a claim petition or a reinstatement petition prior to the deadlines set forth in Section 413(a) because he was already receiving wage loss benefits pursuant to the Board’s December 2019 order. The court noted that Claimant could have filed a Claim at the same time he filed the initial Penalty Petition in 2017 and simply argued the petitions in the alternative. At that time, such a claim for wage loss would not have been moot. The Court noted that, while the time limitations in the Act may be harsh, and may work a hardship on certain claimants, the Court is bound by them no matter how sympathetic they may feel in a given case.
Affirmed.
PENNSYLVANIA LEGISLATIVE REVIEW
House Bill 183 is now Senate Bill 1094.
A few months ago, the Commonwealth of Pennsylvania, House L&I Committee, voted on what was then designated as HB 183. This Bill expands access to workers’ compensation disfigurement benefits by increasing the duration of eligibility from up to 275 weeks to a new level of up to 400 weeks, extending the benefit to the entire body, not just to the head, face and neck, and allowing these benefits to be paid simultaneously with indemnity benefits. The bill was passed by the House on April 7, 2025, and has now been referred to the Senate Labor & Industry Committee. It is now under Senate Bill 1094 and has yet to be reported from the committee.
Other Selected Proposed Legislation of Interest in the 2025-2026 session:
The following selected amendments to the PA Workers’ Compensation Act have been proposed, but as of this date are in early stages, and no formal vote has been held, and these are referred to their respective L&I Committees:
In the Senate: (these are still in committee)
Senate Bill 801 – Seeks to clarify that the Act provides the exclusive remedy for any injury or disease that may arise out of hazardous occupational exposure, whether the disease is compensable or not.
Senate Bill 894 – Seeks to clarify the “Independent Contractor Classification.”
Senate Bill 1151 – Removal of Clinical Practice Requirement for Physicians Performing Impairment Rating Evaluations (IREs).
Senate Bill 1215 – Addressing Excessive Costs for Prescription Topical Drugs in Workers’ Compensation.
Approved by the Senate on March 24, 2026 – Sent to the House and now referred out of Committee.
Senate Bill 1053 – Seeks to clarify workers’ compensation coverage for EMS Volunteers.
In the House Only: (these are still in committee)
House Bill 1766 – Workers’ Compensation Coverage of Prescribed Medical Cannabis (Formerly HB 1079).
House Bill 2087 – Ensuring that volunteer firefighters and EMTs are covered under workers’ compensation when injured during fundraising activities.
House Bill 1998 – Modernizing and Improving Medical Treatment in Workers’ Compensation
Reported out of the House Committee
House Bill 2049 – Raising Workers’ Compensation Burial Benefits.
NEW JERSEY LEGISLATIVE UPDATE
Assembly Bill 4617
Concerns certain workers’ compensation supplemental benefits and funding method.
Last Action: March 10, 2026 – Introduced, Referred to Assembly Labor Committee
Senate Bill 3984/A1023
Requires workers’ compensation, PIP, and health insurance coverage for the medical use of cannabis under certain circumstances.
Last Action: March 19, 2026 – Introduced in the Senate, Referred to Senate Commerce Committee
Senate Bill 3342
Increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, and Workers’ Compensation Judges from 70 to 75.
Last Action: February 5, 2026 – Introduced in the Senate, Referred to Senate Judiciary Committee
Senate Bill 3571
Provides certain volunteer and other workers with maximum compensation benefit for workers’ compensation claim regardless of outside employment.
Last Action: March 2, 2026 – Referred to Senate Budget and Appropriations Committee
