The Client:

A regional refuse company.

 

The Situation:

A claimant filed a Reinstatement Petition alleging unpaid back benefits of approximately $30,000.00 as well as ongoing weekly wage benefits.

 

The Chartwell Solution:

A Chartwell attorney was successful in defeating the claimant’s petition based upon the applicable statute of limitations.  The claimant argued that her Reinstatement Petition was timely since it was filed within 500 weeks of her last receiving indemnity benefits.  The Judge agreed with Chartwell's position that the claimant first had to file a Review Petition to amend the description of the injury. As she did not do so within three years of her last receipt of indemnity benefits, her alleged ongoing injuries could not considered as part of the work injury.  Further, because the claimant could not show a worsening of her condition based upon previously accepted injuries, she could not prevail on her Reinstatement Petition.