Snizaski v. Workers' Compensation Appeal Board

891 A.2d 1267, 586 Pa. 146, 2006 Pa. LEXIS 29
CourtSupreme Court of Pennsylvania
DecidedFebruary 22, 2006
Docket36 WAP 2004
StatusPublished
Cited by44 cases

This text of 891 A.2d 1267 (Snizaski v. Workers' Compensation Appeal Board) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Snizaski v. Workers' Compensation Appeal Board, 891 A.2d 1267, 586 Pa. 146, 2006 Pa. LEXIS 29 (Pa. 2006).

Opinions

OPINION

Justice CASTILLE.

This appeal presents the question of whether the Workers’ Compensation Judge (‘WCJ”) erred in granting a claimant’s penalty petition against an employer who failed to pay a workers’ compensation award within thirty (30) days of the decision of the Workers’ Compensation Appeal Board (“the Board”) awarding the benefit, in alleged violation of Section 428 of the Workers’ Compensation Act (“the Act”),1 but where the employer failed to pay the award in reliance upon a supersedeas request it timely filed pursuant to Section 111.22 of the Pennsylvania Administrative Code. 34 Pa.Code § 111.22.2 This matter requires this Court to address an alleged tension between the Act’s penalty provisions and the Board’s supersedeas regulations. The Commonwealth Court affirmed the Board’s holding that the WCJ erred in awarding a penalty for the period during which the employer’s supersedeas request was pending before the Board. For the reasons [151]*151set forth below, we agree that where, as here, an employer timely files a request for supersedeas pursuant to the Board’s regulations, it cannot be subject to a penalty award for failing to pay the underlying benefit during the pendency of the supersedeas petition. Accordingly, we affirm.

Claimant Renee Snizaski (“Claimant”) is the widow of Randy Snizaski (“decedent”), who was employed as a coal mine superintendent for Rox Coal Company (“Employer”). On May 7, 1996, decedent died in a one-car motor vehicle accident while on his way to work. Claimant filed a fatal claim petition alleging that her husband’s death was compensable under the Act. The WCJ denied the petition. On October 21, 1999, the Board reversed and remanded for the award and computation of benefits. Employer petitioned for reconsideration. On June 13, 2000, the Board denied Employer’s petition, computed the amount of benefits due, and ordered Employer to pay Claimant and her children weekly compensation at a rate of $527.

On July 6, 2000, Employer appealed to the Commonwealth Court, and also filed an application for supersedeas with the Board.3 After the expiration of 30 days from the Board’s award of benefits, Claimant’s counsel demanded payment from Employer. Employer responded that it was not required to make payment while its supersedeas request was pending. Shortly thereafter, however, on July 25, 2000, 42 days after entry of the award, Employer paid Claimant in full (over $147,000). On July 31, 2000, the Board entered a timely order denying Employer’s petition for supersedeas. On September 8, 2000, the Commonwealth Court likewise denied Employer’s subsequent application for supersedeas.

On November 13, 2000, Claimant filed a penalty petition alleging that Employer had failed to tender payment within 30 [152]*152days of the Board’s June 13, 2000 order, and thus was in default pursuant to Section 428. Employer denied that its payment was late, noting the pendency of its application for supersedeas, and arguing that the Board’s regulations contemplate that an Employer’s obligation to make payment is stayed in such a circumstance. Employer further argued that, even assuming it was required to commence payment during the pendency of its supersedeas application, a penalty assessment was inappropriate because its payment, at worst, was only 12 days late.

The WCJ granted Claimant’s penalty petition, awarding a penalty of ten percent, or $14,771.92, as well as attorney’s fees of $2,810.80.4 The WCJ held that Employer’s payment on July 25, 2000 was late as a matter of law, deeming the supersedeas request pending before the Board to be irrelevant to the penalty question. The WCJ believed that the filing of an appeal and request for a supersedeas alone were insufficient to suspend an employer’s obligation to pay benefits under the Act. Instead, only an actual grant of supersedeas was sufficient.

Employer appealed to the Board, which reversed the penalty award and grant of attorney’s fees, holding that there was no violation of the Act because Employer had no obligation to pay while its timely supersedeas request was pending. Claimant then appealed to the Commonwealth Court. Claimant relied upon the 2-1 panel decision in Hoover v. Workers’ Compensation Appeal Bd. (ABF Freight Systems), 820 A.2d 843 (Pa.Cmwlth.2003), where the panel majority held that a WCJ did not abuse his discretion in awarding a penalty for an employer’s failure to pay an award within 30 days, notwithstanding that a supersedeas request was filed and pending. Employer countered that Hoover was wrongly decided and should be overruled. Employer reasoned that, although the Act authorizes penalties at the discretion of the WCJ, such penalties are not mandatory. Employer submitted that it was [153]*153an abuse of discretion for the WCJ to penalize it where it had relied in good faith upon the Board’s supersedeas regulations.

The Commonwealth Court affirmed the Board in a 6-1, en banc published opinion authored by the Honorable Dan Pellegrini. Snizaski v. Workers’ Compensation Appeal Bd. (Rox Coal Co.), 847 A.2d 139 (Pa.Cmwlth.2004).5 The court agreed with Employer that Hoover was wrongly decided, and thus overruled that panel decision. The majority noted that Hoover had relied on Cunningham v. Workmen’s Compensation Appeal Bd. (Inglis House), 156 Pa.Cmwlth. 241, 627 A.2d 218 (1993) and Crucible, Inc. v. Workmen’s Compensation Appeal Bd. (Vinovich), 713 A.2d 749 (Pa.Cmwlth.1998), neither of which raised the issue of whether a penalty award is appropriate where the employer had relied upon the supersedeas procedure contemplated by the Board’s regulations. The majority further explained that, in Candito v. Workers’ Compensation Appeal Bd. (City of Philadelphia), 785 A.2d 1106 (Pa.Cmwlth.2001), appeals denied, 572 Pa. 711, 813 A.2d 845 (2002) and 572 Pa. 726, 814 A.2d 678 (2002), the panel had held that it was not an abuse of discretion for a WCJ to deny a penalty petition where an employer had failed to pay compensation benefits within 30 days of the award because a request for supersedeas was pending before the Commonwealth Court (a request which that court ultimately granted). The Candito panel reasoned that, “[t]o hold that an employer is liable for penalties for not paying compensation when its request for supersedeas is pending is, in effect, to make an employer’s right to seek a supersedeas in most instances a nullity.” Candito, 785 A.2d at 1110.

The majority below concluded that, in accordance with the reasoning in Candito, Hoover should be overruled because the Hoover panel had failed to adequately consider the employer’s reliance upon the Board’s duly-promulgated regulations governing supersedeas. Because the Board’s regulations “in effect, purport to stay an employer’s obligation to pay” during the pendency of a supersedeas request, the majority held that it was an abuse of discretion for the WCJ to award penalties [154]

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Bluebook (online)
891 A.2d 1267, 586 Pa. 146, 2006 Pa. LEXIS 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snizaski-v-workers-compensation-appeal-board-pa-2006.