Jordan v. WCAB (Phila. Newspapers, Inc.)

In Jordan v. Workers' Comp. Appeal Bd. (Phila. Newspapers, Inc.),921 A.2d 27 (Pa. Cmwlth. 2007), the claimant suffered work-related injuries. However, the claimant did not suffer a wage loss because of a salary continuation program. A month after the injury, the employer issued a NTCP describing the injury. A month later, the claimant returned to work, and the employer stopped temporary compensation and issued an NCD. As grounds for the denial, the employer indicated "'6. Other good cause .... There was compensable lost time ... until return to work ....'" Jordan, 921 A.2d at 30-31. In essence, the employer confirmed a compensable injury occurred, but noted there was no compensable lost time because the claimant received salary continuation until he returned to work. The claimant in Jordan continued to experience problems and petitioned for benefits. He also petitioned for penalties, asserting the employer violated the Act by failing to issue an NCP within 21 days of the injury. The WCJ awarded the claimant penalties on the basis the employer violated the Act when it used an NCD rather than a NCP to acknowledge the occurrence of a compensable injury. The compensation authorities held this to be improper use of an NCD. The Court affirmed, because the salary continuation program did not justify a refusal to acknowledge an otherwise compensable injury. In Jordan, a penalty was upheld for failure to accept an acknowledged injury after issuance of a NTCP. In Jordan the injury was denied not for one of the five pre-printed reasons on the form, but for "other good cause." See Section 406.1(c), 77 P.S. 717.1(c) (insurer controverting right to compensation shall notify employee on form prescribed by the department). Ultimately, neither the compensation authorities nor this Court found the employer's specified "other cause" for denial good.