TT&H Attorneys Marc Aoun and John Morgan Prevail Before Workers’ Compensation Appeal Board on Novel Statute of Repose Issue

TT&H Attorneys Marc Aoun and John Morgan recently received a favorable decision from the Workers’ Compensation Appeal Board over an issue relating to the timeliness of Act 46 claims. The evidence showed that the Claimant was diagnosed with an occupational disease in February 2018, knew or believed it was work-related in February 2018, and stopped working as a result of the disease in March 2018, but did not file a Claim Petition until January 2023.

The WCJ dismissed the Claim Petition as untimely under Section 315, which provides that claims must be filed within 3 years. Claimant appealed to the Board, arguing that Act 46 claims are not subject to the statute of limitations, but rather simply must be filed within 600 weeks of the last date of exposure. The Board rejected this argument, holding that the 600 week period described in Section 108(r) is the period within which the disease must manifest, while Section 315 mandates that the claim must still be filed within 3 years after the disease manifests, is known to be work-related, and causes disability. The Board adopted the reasoning presented by John Morgan in Employer’s Brief and during oral argument.

Questions about this case can be directed at Marc Aoun at maoun@tthlaw.com or 610-332-7006, or John Morgan at jmorgan@tthlaw.com or 267-861-7580.