Brutico v. WCAB (US Airways)

In Brutico v. Workers' Compensation Appeal Board (US Airways), 866 A.2d 1152 (Pa. Cmwlth. 2004), appeal denied, 584 Pa. 679, 880 A.2d 1240 (2005), the Court held an employer engaged in a reasonable contest even though it acknowledged the claimant sustained a work injury and yet failed to issue a "medical only" NCP. In Brutico we reasoned that the claimant needed to hire an attorney regardless of whether the employer filed an NCP because the nature of her injuries changed from the originally claimed cervical, thoracic and lumbar strains to newer injuries including a disc herniation and upper and lower back pain radiating into her legs.