Preview:

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Tina Sena,

: Petitioner : : v. : : Workers' Compensation Appeal Board : (Maps, Inc.), : Respondent :

No. 1478 C.D. 2002 Submitted: October 25, 2002

BEFORE: HONORABLE JAMES GARDNER COLINS, President Judge HONORABLE DORIS A. SMITH-RIBNER, Judge HONORABLE JIM FLAHERTY, Senior Judge OPINION BY SENIOR JUDGE FLAHERTY FILED: December 23, 2002

Tina Sena (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board (Board) which affirmed the decision of a Workers' Compensation Judge (WCJ) dismissing her Reinstatement Petition because it was filed more than three years after she received her last payment of compensation benefits. We affirm. On March 14, 1996, the parties entered into a Stipulation setting forth, in relevant part, that: 1. On May 20, 1992, Claimant sustained an injury in the nature of a herniated cervical disc at C4-C5 and an aggravation of a pre-existing work-related lumbar disc herniation at L 5-S1 during the course and scope of her employment with [Employer]. ... 9. On or about March 14, 1996, the parties entered into a Supplemental Agreement in which it was agreed that Claimant's total disability had become partial in nature and that there is work available to Claimant which she is

capable of performing and which would result in an earning capacity of $183.11 per week and a partial disability rate of $90.00 per week for 500 weeks. 10. The parties are desirous of commuting the remaining 500 weeks of partial disability benefits at the rate of $90.00 per week which would result in a payment to Claimant in the lump sum amount of $45,000.00. ... 12. The parties agree that the commutation is in Claimant's best interests. ... 16. Claimant acknowledges that she has reviewed the contents of this Stipulation with her counsel, that her counsel has explained the legal effect of this Stipulation and the commutation, that she understands this information, and that she voluntarily signs this Stipulation. Four years later, on March 16, 2000, Claimant filed a Reinstatement Petition alleging that on March 14, 2000 she underwent back surgery and that her condition has worsened.1 Employer filed an Answer asserting that "[t]his matter was subject to a commutation entered into on March 14, 1996 and Claimant is not entitled to any further compensation benefits." By decision and order dated May 31, 2001, the WCJ concluded that Claimant failed to file her Reinstatement Petition within three years of the most recent payment of compensation benefits as required by Section 413(a) of the Workers' Compensation Act (Act). 2 Accordingly, the WCJ denied and dismissed

1

Claimant also filed various other petitions which are not the subject of this appeal. Act of June 2, 1915, P.L. 736, as amended, 77 P.S.

Download 1478cd02-12-23-02.pdf

Pennsylvania Law