Does a Claimant Forfeit Her Entitlement for Past Due Compensation by Delaying Her Application for Benefits ?
In Shannon v. Workmen's Compensation Appeal Board (City of Erie -- Fire Department), 691 A.2d 1010 (Pa. Cmwlth.), petition for allowance of appeal denied, 549 Pa. 731, 702 A.2d 1062 (1997), a claimant filed a petition for past due compensation, interest and penalties.
The claimant had been awarded benefits by the WCJ and the Board and Employer did not seek a supersedeas.
Despite this award, the claimant did not file her petition for past due compensation until one and a half years after this Court ultimately overturned the Board's decision granting benefits. Id.
Although the claimant was entitled to benefits, this Court determined that the claimant had forfeited that entitlement by delaying her application for benefits. Id.