On January 8, 2025, the Commonwealth Court of Pennsylvania issued a decision in Grow v. PECO Energy Company (Workers’ Compensation Appeal Board) addressing “corrective” versus “consequential” amendments to a work injury description. In Grow, the injured worker hurt his neck at work on November 4, 2013. The injury was accepted by a Notice of Compensation Payable (NCP), which described the work injury as “contusions and fractures at C3-C4.” As a result of the work injury, disc fusion surgery was performed. The injured worker went back to work on January 10, 2014, and his workers’ comp benefits were suspended. Subsequently, the neck condition worsened, such that he underwent cervical disc replacement surgery, at the C6-C7 level, on December 22, 2021. On January 4, 2022, the injured worker filed a Petition to Reinstate and a Petition to Review to expand the injury description and add the C6-7 level. After hearing the evidence, the WCJ granted both Petitions. The WCJ rejected the employer’s argument that the claim and both Petitions were time barred. Employer appealed and the Workers’ Compensation Appeal Board (WCAB) reversed the WCJ’s decision, finding that both Petitions were time barred. On further appeal by the injured worker, the Commonwealth Court of Pennsylvania affirmed the decision of the WCAB. The Court found that this was a “consequential” amendment, as the C6-7 issue was not present at the time of the work injury. As such, the Petition to Review had to have been filed within three years of the date of the last payment in January, 2014. Since the Petition to Review was filed eight years after compensation benefits were suspended, the Petition to Review was not timely and was barred. Additionally, the reinstatement was based upon the surgery at C6-7 level, so the reinstatement was also due to a “consequential” condition, not the original accepted work injury. Therefore, the Petition to Reinstate was also properly denied as time barred.
The Court’s Opinion is consistent Section 413(a) of the Pennsylvania Workers’ Compensation Act and existing case law. A “consequential” amendment requires the filing of a Petition to Review. This is used when the new condition is due to the accepted work injury, but takes place after the time of the injury. Importantly, a Petition to Review can only be filed within three years of the date of the last payment of workers’ compensation benefits. There was no dispute that the problem at C6-7 level was due to the original work injury, but the Petition to Review in this case was properly denied since it was not timely filed within three years of the most recent payment of compensation.
Zachary M. Rubinich is a partner in our Philadelphia office. He focuses his practice on the defense of insurance carriers, self-insured entities and third-party administrators against workers’ compensation claims in Pennsylvania. Based on his extensive experience, the Pennsylvania Bar Association Workers’ Compensation Law Section has certified him as Specialist in the practice of workers’ compensation law Zach has handled all aspects of litigation before workers’ compensation judges, the Workers’ Compensation Appeal Board, the Commonwealth Court and the Pennsylvania Supreme Court. Zach has been appointed to the following American Bar Association Tort Trial and Insurance Practice (TIPS) leadership positions: Chair of the Litigation and Trial Practice Committee; Vice-Chair of the Appellate Advocacy Committee; member of the Ethics and Professionalism Standing Committee; and member of the CLE Board Committee. He is the Past Chair of the ABA’s Tort Trial and Insurance Practice (TIPS) Workers’ Compensation and Employers’ Liability Law Committee from 2018-2019. He has served as a Vice-Chair of this committee from 2015 to present. In addition, Zach served as Vice-Chair of the 2017-2018 American Bar Association Standing Committee for Diversity and Inclusion. He is also a Committee Member of the ABA’s Legal Opportunity Scholarship Fund. Zach has been rated AV Preeminent by Martindale-Hubbell for the thirteenth consecutive year for 2025. He has been selected as a 2019, 2020 and 2021 Pennsylvania Super Lawyer by Super Lawyers. He was selected as a Pennsylvania Rising Star by Super Lawyers from 2010 to 2014. He was selected as an International Advisory Experts (IAE) Award recipient in 2019 for his accomplishments as a workers’ compensation attorney in Pennsylvania. Zach has been selected as a Fellow of the College of Workers’ Compensation Lawyers Class of 2020. Mr. Rubinich has been recognized as a Main Line Today 2023 and 2024 Top Lawyer.
Zach can be reached directly at: (215) 575-4340 • zrubinich@rawle.com
Workers’ Compensation Section
CHAIR: Claudio J. DiPaolo
PARTNERS: Zachary M. Rubinich, J. Brendan O’Brien, Christian M. Stein, Jennifer Schwartz, Anisha Abraham
OF COUNSEL: Edward J. Chiodo, William Copetas, James Curry, Anthony Lategano, Daniel Spafford, Jennifer Chun Strawn
ASSOCIATES: Mary Bergmann, Andrew Patrick
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