On Dec. 22, 2021, the Pennsylvania Supreme Court issued a decision in Lorino v. Workers’ Compensation Appeal Board, 266 A.3d 487 (Pa. 2021), which held that attorney fees shall be awarded when an injured worker “prevails” in litigation. This case has implications for both the claimant’s and the defense side of the aisle. In order to foresee the possible future implications, it is important to examine the portions of the Pennsylvania Workers’ Compensation Act (act) that influenced the court’s decision and what attorneys on both sides can do to protect their clients. It is also important to look at how the decision of the court could potentially be expanded.

In Lorino, the court was asked to interpret the specific wording of Section 440 of the Act, 77 P.S. 996 and an award of attorney fees to a claimant’s attorney, even when the employer has established a reasonable basis for contest. The distinction in this case is that Vincent Lorino was not receiving wage loss benefits. The insurance carrier decided to accept his claim for medical only purposes. Subsequently, the employer filed a termination petition arguing that the claimant was fully recovered from his work injury.