A Pennsylvania appellate court on Thursday reversed a workers compensation judge’s decision granting loss benefits to a Hershey Co. worker whose leg was surgically amputated after he developed a diabetic foot ulcer.
Commonwealth Court sided with the employer in a case brought by Shawn Woodhouse, who had a history of diabetic neuropathy at the time he began working for Hershey in May 2017.
Mr. Woodhouse underwent emergency foot surgery in late 2017 and later had his right leg partially amputated.
He received Social Security disability benefits in May 2018 and later claimed he suffered a work-related injury, petitioning the employer for specific loss benefits.
Hershey disputed the injury was job-related.
A comp judge approved the claim with respect to the foot injuries but denied the portion involving the leg amputation.
A comp board reversed the leg amputation decision and approved benefits for all injuries.
Hershey claimed the comp judge and board erred because Mr. Woodhouse failed to offer statutorily required timely notice of his injury. The initial injury was in November 2017 and the claim petition for loss benefits was filed in December 2019.
The appeals court agreed with Hershey, ruling Mr. Woodhouse failed to offer timely notice of a work-related injury.