A WCJ'S GRANT OF CLAIM PETITION REVERSED ON APPEAL DUE TO LACK OF JURISDICTION

A claimant who resided in Pennsylvania close to the Pennsylvania/New Jersey border was injured on the job while on assignment for a staffing company in New Jersey. She was hired out of the staffing company’s Pennsylvania office, but her assignments were only in New Jersey, and indeed that is where the injury occurred. Despite the claim being accepted in New Jersey, the claimant retained a Pennsylvania attorney who filed a Claim Petition seeking the generally more lucrative Pennsylvania benefits. The WCJ granted the Claim Petition despite the claimant admitting on cross-examination that her work was limited to New Jersey, and he refused to sustain the affirmative jurisdictional defense. MLG Attorneys filed an Appeal to the Workers’ Compensation Appeal Board. After oral argument and the submission of written briefs, the Appeal Board reversed the Judge’s grant of the Claim Petition in full finding that the Judge should have denied the Petition due to lack of Pennsylvania jurisdiction. Following the Appeal Board’s ruling, MLG Attorneys were able to seek reimbursement for its client a substantial amount of benefits it was forced to pay following the WCJ’s original Decision granting the Claim Petition.

Please reload

RESULTS