In Gabriel v. WCAB (Procter and Gamble Products Company), the Commonwealth Court of Pennsylvania reversed WCJ and WCAB rulings and awarded unreasonable contest counsel fees for an employer’s failure to issue a Bureau document acknowledging a claim for an obvious injury for which they had timely notice. In Gabriel, the claimant sustained a puncture wound within the course and scope of employment, briefly sought treatment and did not suffer a wage loss. Consequently, the claimant filed a Claim Petition within the three year statute of limitations in the event the injury would recur and employer filed an answer denying the allegations, causing numerous hearings to be held on the Claim Petition before a medical-only Notice of Compensation Payable was filed. Chartwell Law partners, Matthew Esslinger, Jonathan Spadea and Lori DePolis discuss the ramifications of this case on employers, and how employers can better handle claims to avoid an award of unreasonable contest counsel fees for failing to file a Bureau document on a claim that should rightfully be acknowledged.
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