Mercer Lime and Stone Company v. WCAB (McGallis)

In Mercer Lime and Stone Company v. Workers' Compensation Appeal Board (McGallis), 923 A.2d 1251, 1255 (Pa. Cmwlth. 2007), the Court recognized that an employer's obligation to pay benefits pursuant to an award is immediate. However, this court stated that "it is not clear how quickly an employer must pay to avoid being found in default, i.e., in violation of the Act." Id. The Court then stated in dicta: Obviously, even though the obligation to pay arises as soon as the award is entered, instantaneous payment is not a practical possibility. Absent regulations setting forth a bright line period within which payments must follow compensation awards, it would appear that the legal issue will henceforward depend on the facts of each case, as does the discretionary issue regarding imposition of penalties. Snizaski would seem to suggest a rule of reason -- i.e., whether employer acted with reasonable diligence -- as the appropriate standard for measuring compliance with the Act. Id. at 1255-56 n.8.