Gunter v. WCAB (City of Philadelphia)

In Gunter v. Workers' Compensation Appeal Board (City of Philadelphia), 573 Pa. 386, 825 A.2d 1236 (2003), our Supreme Court held that the employer's payment of Injured on Duty (IOD) benefits to a police officer did not estop the employer from challenging the officer's claim petition under the Act. The employer made a material mistake of fact in making IOD payments, but it had continued to investigate the legitimacy of the claim. The Court held that a "decision that would allow the claimant to convert undeserved IOD payments into a continuing entitlement to compensation benefits would be clearly erroneous." Id. at 399, 825 A.2d at 1244.