In 1972, the Pennsylvania Workers’ Compensation Act was amended to include language mandating that attorney fees be awarded as a cost to the employer unless the employer established that it had a reasonable basis to contest the claim.

The humanitarian purpose of the act is central to the interpretation of this section. The courts often cite to the remedial nature of the act and the need to liberally construe the act in favor of the claimant. Most important, however, is the intent behind Section 440, which is to ensure that successful claimants receive compensation benefits undiminished by the costs of litigation.