On July 23rd, the Supreme Court granted a Petition for Allowance of Appeal in Wegmans Food Markets, Inc v. Bonnie Cole (WCAB) to address issues surrounding a Petition for Forfeiture of Benefits, also known as a Muse Petition. The Court will address two issues, and its decision may have a significant impact on the use of Muse Petitions moving forward.
The first is whether the terms “medical services” and “services rendered by physicians or other health care providers” include reasonable medical “advice.”
The second is whether “in order for medical services to be ‘reasonable,’ must the medical services provided to an injured claimant result in physical improvement of an injury or an increase in prospects for a return to gainful employment; or is it sufficient to prove that the services would aid in healing and/or prevent deterioration of the claimant’s condition.”
On January 29, 2025, the Commonwealth Court affirmed the WCAB denying Employer’s petition for suspension. Claimant had sustained “a right open commuted ankle fracture slash dislocation involving the distal tibia as well as the proximal and distal fibular.”
In October 2022, Claimant had to have her right leg amputated below the knee after developing osteomyelitis, a bone infection. Employer subsequently filed the Petitions asserting that Claimant’s wage loss benefits should be suspended pursuant to Section 306(f.1)(8) . . . because “Claimant refused reasonable medical treatment and advice, which if it had been followed would have reduced her disability and resulted in a reduction of medical treatment and lessened the chance that additional future treatment would be required.”
The recommended advice was to stop smoking and drinking alcohol, which Employer’s doctor testified was ultimately the cause of a non-union, osteomyelitis, and the amputation. Claimant had been warned that she was supposed to quit smoking because smoking negatively affected her ability to heal. Claimant argued that the advice to stop smoking and drinking did not constitute “treatment” under Section 306(f.1)(8).
Muse Petitions can be an effective way to encourage claimants to undergo treatment that is necessary to restore earning capacity and move them in the right direction toward recovery. Failure to obtain the necessary treatment can result in forfeiture of workers’ compensation benefits. These are very technical petitions, however, and specific evidence is required. Explicit interpretation of “medical services,” “services rendered by physicians or other health care providers,” and “reasonable” medical services will impact the use of these petitions moving forward.
If you have any questions regarding the use of Muse Petitions or how the Supreme Court’s decision may impact PA workers’ compensation, please feel free to reach out!
