Supreme Court reverses its own notable workers’ comp ruling on termination petitions

On April 18, the Supreme Court of Pennsylvania, in Lewis v. WCAB, reversed its own landmark 1997 ruling in King v. WCAB that had caused problems for claimants when it came to termination petitions, calling the older ruling an “anomaly in our workers’ compensation law.”

The Court reaffirmed the principle that “in order to modify or terminate workers’ compensation benefits on the basis of a decrease in physical disability, the employer must show a change in physical condition since the preceding disability adjudication.”

On April 18, the Supreme Court of Pennsylvania, in Lewis v. WCAB, reversed its own landmark 1997 ruling in King v. WCAB that had caused problems for claimants when it came to termination petitions, calling the older ruling an “anomaly in our workers’ compensation law.”

The Court reaffirmed the principle that “in order to modify or terminate workers’ compensation benefits on the basis of a decrease in physical disability, the employer must show a change in physical condition since the preceding disability adjudication.”

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