The Pennsylvania Commonwealth Court has ruled that attorney fees must be awarded where an employer unreasonably contested workers' compensation bills on the basis of a false statement of the law. A majority of the panel ruled that Masonic Homes, a retirement home, and its insurance carrier PMA Insurance, wongly relied on prior case law to contest payment of the employee's psychotherapy services. However, Senior Judge James R. Kelley dissented, writing that the case involved a genuinely disputed issue.
October 17, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
The Pennsylvania Commonwealth Court ruled in a workers’ compensation case late last week that attorney fees must be awarded in a case where an employer unreasonably contested workers’ compensation bills on the basis of a false statement of the law.
But in his dissent in Delarosa v. Workers’ Compensation Appeal Board, Senior Judge James R. Kelley said the attorney fees should not be awarded because the case involved a genuinely disputed issue and that such disputes must be considered.
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