Westinghouse Electric Corp. v. Workers' Compensation Appeal Board

I agree with the majority that, under Jeanes Hospital v. WCAB (Hass), 582 Pa. 405, 872 A.2d 159 (2005), Claimant’s petition should be treated as in the nature of a petition for review under Section 413(a) of the Workers’ Compensation Act, 77 P.S. § 772. I respectfully differ, however, with its holding enforcing the statute of limitations set forth in that provision to preclude the relief awarded by the workers’ compensation judge in this case. Instead, I would affirm the Commonwealth Court’s decision to invoke equitable principles to preclude enforcement of such limitation solely with respect…