Beaver Valley Slag, Inc. v. Marchionda (Workers’ Compensation Appeal Board)

In Beaver Valley Slag, Inc. v. Marchionda (Workers’ Compensation Appeal Board), Employer, Guardian, and Claimant cross-petitioned the Pennsylvania Commonwealth Court to review the Workers’ Compensation Appeal Board’s order. Therein, the Board affirmed the Workers’ Compensation Judge’s (WCJ) decision granting Claimant’s Petition to Review Compensation BeneOffset Petition. The Court affirmed. The primary issue involved the applicability of Whitmoyer v. Workers’ Compensation Appeal Board (Mountain Country  Meats), 186 A.3d 947 (Pa. 2018). The Commonwealth Court ruled that Whitmoyer did not establish a new rule. Thus, Whitmoyer could not be applied retroactively to the date of a Third Party Settlement Agreement’s origination. Accordingly, the WCJ did not err by directing Employer to reimburse Claimant’s Trust for any medical expenses the Trust paid after June 19, 2018, i.e., the date Whitmoyer was decided, and to pay 100% of Claimant’s medical expenses going forward.

Marchionda