Crouse v. Workers' Compensation Appeal Board

DISSENTING OPINION BY

Judge PELLEGRINI.

Because I disagree with the majority that the Employer’s contest became reasonable when it obtained an Independent Medical Examination (IME) six months after the claim petition was filed, I respectfully dissent.

On June 28, 1995, Claimant filed a claim petition alleging that on April 26, 1995, he suffered an injury while working as a pipe-fitter with Employer. Employer filed an answer denying the allegations. The WCJ granted the claim petition and determined that because Employer’s expert medical witness did not examine Claimant until December 28, 1995,…