Thomas, Thomas & Hafer Attorney Joseph Shields recently prevailed before the Workers’ Compensation Appeal Board which affirmed a Northeastern Pennsylvania Workers’ Compensation Judge on a Claim Petition.  The Employer was a temporary agency and sent its employees to work for one of the Employer’s clients.  However, it did not identify that client as an alternate employer, or location for the employee to work, on the insurance policy and the insurer denied coverage on that basis.  The Claimant sought payment for specific loss after he underwent an above-the-knee amputation following a work injury.

The WCJ ultimately agreed that there was no coverage for the Claimant’s injury under the Employer’s workers’ compensation policy.  He also found that the facility where the employee was injured was his statutory employer on the date of injury such that it was responsible for the loss of the limb and payment of medical bills.

The WCAB affirmed the Decision of the WCJ.  The WCAB disagreed with the temporary agency’s argument that the WCJ did not have jurisdiction to interpret the workers’ compensation insurance contract between the insurer and the insured, as well as the Employer’s argument that it was confused by policy language such that coverage should be found under the doctrine of equitable estoppel.  The WCAB ultimately affirmed the Decision of the WCJ and found that there was no coverage under the Employer’s workers’ compensation policy and affirmed that the facility where the employee was his statutory employer on the date of injury.

Questions on this case can be directed to Joe Shields at 570.825.7227 or at jshields@tthlaw.com.