A Review Petition can open the door for a Termination of Benefits
July 31, 2020
In Hill v. J&A Medical Home Care Inc., the Workers’ Compensation Appeal Board (WCAB) affirmed the decision of the Workers’ Compensation Judge (WCJ) that terminated benefits but increased the disfigurement award for an injured worker.
David Hill sustained injuries to his face while on the job and was awarded benefits for scarring and loss of teeth. He filed a review petition, seeking to expand the injury. The employer’s doctor testified unequivocally stating the worker was no longer injured. The claimant had the opportunity to cross-examine the physician. While the WCJ agreed that the claimant’s teeth merited an increase in benefits, he also found the doctor’s testimony to be credible and granted a termination of benefits.
What does this mean? When an injured worker requests a review petition to expand the work injury, the worker’s physical condition is at issue and the WCJ is not limited to just the review petition, but can also determine that if the worker is no longer injured, a termination of benefits is appropriate.
If you have a Workers’ Compensation claim, contact us or call (412) 338-1176.