Sullivan v. Barnett

OPINION OF THE COURT

GARTH, Circuit Judge:

The issue we must address on this appeal is whether Pennsylvania’s Workers’ Compensation Act, 77 Pa. Stat. Ann. § 531(5) and (6) (West Supp.1997), which provides for the su-persedeas of an employee’s medical benefits without prior notice or an opportunity to be heard, violates the requisites of procedural due process. We hold that it does. Accordingly, we reverse.

I

The Pennsylvania Workmen’s Compensation Act (“the Act”), 77 Pa. Stat. Ann. § 1 et seq., establishes a compulsory insurance system for employers that provides compensation to employees who…