Fotta v. WCAB (U.S. SteelUSX Corp.)

In Fotta v. Workers' Compensation Appeal Board (U.S. Steel/USX Corp.), 714 A.2d 479 (Pa. Cmwlth. 1998), a claimant sought reimbursement for premium payments made to continue his employer-sponsored health insurance coverage after his employment terminated. The WCJ awarded reimbursement, and this Court reversed. The Court held that "nowhere does the Workers' Compensation Act require an employer to reimburse an injured employee for health insurance premiums that a claimant utilizes to pay for work-related medical expenses while the claim is being contested." Id. at 482. The Court relied upon Section 306(f.1) of the Act, which provides in relevant part: The employer shall provide payment in accordance with this section for reasonable surgical and medical services, services rendered by physicians or other health care providers, including an additional opinion when invasive surgery may be necessary, medicines and supplies, as and when needed. 77 P.S. 531(1)(i). However, the Act requires that an employer pay for all bills that the WCJ finds causally related to the work injury. Fotta, 714 A.2d at 482. The Court in Fotta considered Section 306(e) of the Act of June 2, 1915, P.L. 736. The section was amended by the Act of July 2, 1993, P.L. 190, and renumbered Section 306(f.1). There are no substantive differences between Section 306(f.1) and former Section 306(e).