J.C. Penney Co. v. Levine

The deputy commissioner’s order is affirmed except for that part which excuses the late filing of Dr. Penner’s medical reports for treatment, rendered after July 11, 1980.

The claimant was treated by several doctors prior to Dr. Penner, but during the latter’s treatment it was discovered that claimant’s injuries had been caused by his industrial accident. Ordinarily, the deputy must find that there was good cause for the failure to file timely medical reports, and that the failure did not result in prejudice to the employer/carrier. Cedars of Lebanon Health Care Center, Inc. v. Summerset, 409…