Anne Murphy worked as a firefighter for the City of Pittsburgh for 16 years. In 2004, she was diagnosed with cancer and had to leave her job. In June 2011, Pennsylvania Act 46 was passed. Under Act 46, if a firefighter worked at least 4 continuous years, was exposed to certain carcinogens during employment, was cancer-free prior to the employment, and developed cancer within 300 weeks of the last employment, it is presumed that the cancer was caused by the firefighting job. The employer can attempt to rebut that presumption by showing that the cancer arose from other causes, such as tobacco use.
After Act 46 was passed in 2011, Murphy filed a claim for medical benefits and wage loss benefits, seeking benefits since 2004 when she stopped working. Murphy obtained a report from an oncologist, who stated that the cancer had been caused by the job. The Workers’ Compensation Judge awarded her benefits since her 2004 diagnosis. The employer appealed, arguing that Murphy was only entitled to benefits as of 2011 when she filed her claim.
Under the Workers’ Compensation Act, an employee must give notice to the employer within 21 days after the injury or when the employee becomes aware of the injury, in which case benefits are payable as of the date of disability. However, if notice is given after the 21 days has elapsed, but within 120 days after when the employee becomes aware of the link between the disability and the employment, then benefits are due as of the date of notice.
In Murphy’s case, this made a drastic difference, with the disability arising in 2004 but the claim not being filed until 2011. The Pennsylvania Commonwealth Court held that Murphy was entitled to benefits as of 2004, concluding that the “discovery rule” protects one who cannot reasonably be aware of the cause of her injury. The court held that for the clock to start running on the 21-day notice rule, a claimant “must have more than just an uniformed suspicion about her disease’s work-relatedness. In other words, a claimant does not ‘know’ of the possible relationship between a disease and work until she is so informed by a medical expert. To hold otherwise would require a claimant to sort through her many symptoms unassisted and essentially diagnose herself.” Because the claim was filed prior to receiving medical confirmation that the cancer was caused by the firefighting employment (i.e. within the 21-day requirement), the benefits were due as of the 2004 disability, rather than the 2011 claim filing.
This case demonstrates the importance of promptly seeking legal counsel when faced with a possible work-related injury.
The attorneys of Supinka & Supinka, PC, are experienced in handling all types of injury claims. For more information and a consultation, please call Supinka & Supinka, PC at (724) 349-6768.
