PA Supreme Court rles that employer that previously lost a termination petition must show change in condition before seeking termination of benefits again

The Supreme Court of Pennsylvania in Lewis v. WCAB (Giles & Ransome, Inc.) held in 2007 that when an employer has previously been refused an order of termination once again seeks such relief, such subsequent petition must be based upon an alleged change in physical condition. A mere reconsideration of the claimant’s “disability,” based, for example, on a renewed assessment of credibility as to continuing symptoms, will not be sufficient.

In this case the employer filed a fourth termination petition. In this petition, the defendant’s evaluating physician gave an opinion that claimant, when he was originally injured, had merely suffered strain injuries. He rejected the idea that certain other injuries, long acknowledged by the judicial determinations previously indicated otherwise.