Terry Stewart v. City of Philadelphia (Workers’ Compensation Appeal Board)

Summary

The Commonwealth Court of Pennsylvania affirmed the Workers’ Compensation Appeal Board’s denial of Terry Stewart’s reinstatement and penalty petitions. The court held that Stewart did not establish sufficient notice of a compensable work-related COVID-19 injury and that the City of Philadelphia’s excused-time payments were not intended as payments in lieu of workers’ compensation benefits. The opinion relies on the court’s reasoning in similar cases involving Philadelphia police officers.

Holdings

1. Stewart did not establish sufficient notice to the City, in the context of his reinstatement petition, that his COVID-19 was a compensable work-related injury.
2. The City’s excused-time payments did not constitute wages in lieu of workers’ compensation benefits and did not establish the City’s acceptance of liability or work-relatedness.
3. Stewart was not entitled to penalties because he failed to establish that the City violated the Workers’ Compensation Act or its regulations.

Questions Presented

1. Whether the City’s excused-time payments constituted wages in lieu of workers’ compensation benefits and thereby established acceptance of liability or compensability.
2. Whether Stewart established sufficient notice of a compensable, work-related COVID-19 injury to support reinstatement.
3. Whether the City violated the Workers’ Compensation Act by failing to issue timely Bureau documents or by stopping excused-time payments, thereby warranting penalties.
4. Whether the humanitarian purposes of the Workers’ Compensation Act required reversal of the denial of Stewart’s petitions.

Disposition

affirmed