Supreme Court to Rule on Whether Fee Awards Issue Only if Employer Unreasonably Contests Claim

The Pennsylvania Supreme Court will be weighing in on whether an employer's unreasonable contest of a claim is a prerequisite to a fee award under Section 440 of the Workers’ Compensation Act. In its decision in Lorino v. WCAB (Commonwealth) last August, the Commonwealth Court said it has always interpreted Section 440 to mean that fees cannot be awarded if the record establishes the employer’s contest was reasonably based, even though the statute provides only that the exception "may" apply in such circumstances. The Supreme Court said it would grant...