A workers compensation judge correctly denied a penalty petition against an employer in a case involving an injured school bus driver who was involved in a physical altercation with an unruly student, the Commonwealth Court of Pennsylvania ruled Tuesday.
The appellate court determined that penalties against Success America would not be appropriate despite the company admittedly failing to provide a list of panel physicians claimant Eddy Jeantel could choose from for treatment in his comp claim.
Mr. Jeantel sought comp benefits following the August 2019 incident and was issued a medical-only notice of compensation payable, after which he was told his employer made a medical appointment for him with a particular provider.
Mr. Jeantel argued he should have been able to choose from a panel of doctors, and that this omission warranted penalties against his employer.
The employer argued its error was a technical violation that did not rise to a level warranting penalties.
A comp judge agreed with the company and that decision was upheld by a comp board, but the claimant appealed further, raising the same arguments.
Commonwealth Court said the effect of the employer’s failure was that it was liable for all medical treatment for the work injury, which is the relief that was granted by the comp judge.
Under these circumstances, the court wrote, imposing further penalties was unnecessary since there was no “ill will” on the part of the employer.