The recent Commonwealth Court case of Krushauskas v. Workers’ Compensation Appeal Board (General Motors) sets a disturbing precedent that should cause all claimant’s practitioners to take note. Essentially, the court enables an employer to unilaterally suspend benefits and then allow the illegal conduct to be retroactively sanctioned, years later. Moreover, the retroactive absolution of any wrongdoing was used as the justification for failing to award a penalty notwithstanding the recognition that the Workers’ Compensation Act had been violated. The result is truly breathtaking.
The facts of Krushauskas are somewhat intricate and contribute greatly to the result. As the old adage goes, bad facts make bad law. Unfortunately, the facts of the case could not have been more difficult to overcome.
