Romaine v. WCAB (Bryn Mawr Chateau Nursing Home)

In Romaine v. Workers' Compensation Appeal Board (Bryn Mawr Chateau Nursing Home), 587 Pa. 471, 901 A.2d 477 (2006), the employer issued an NCP and began paying claimant compensation benefits for her work-related injury in 1990. The WCJ issued an order on December 16, 1994, stating that claimant had fully recovered from her injuries as of August 6, 1991, and terminating claimant's benefits as of that date. On December 16, 1997, claimant filed a petition to reinstate compensation benefits claiming that she experienced a worsening of her work-related back problems. At issue was whether the reinstatement petition was mailed within the requisite three years after the date of the last compensation benefits payment. The WCJ "found that claimant's most recent payment of compensation was a check from employer dated December 14, 1994" and concluded that was the date of the last payment. Id. at 475, 901 A.2d at 479. The Supreme Court disagreed with the WCJ's analysis of what constitutes a "payment." The Court held that "payment by check constitutes a conditional payment." Id. at 482, 901 A.2d at 483. In Romaine, the Supreme Court rejected the WCJ's analysis but affirmed the decision because the "condition" to the claimant's payment by check dated December 14, 1994, was fulfilled. Thus, December 14, 1994, was the commencement date of the three-year limitations period. Because claimant's reinstatement petition was filed on December 16, 1997, it was untimely.