Romaine v. Workers' Compensation Appeal Board

I join the majority’s holding that, as a general rule that is applicable in this case, payment by check occurs upon receipt by the payee, where the check is tendered and can be honored in due course. I have two reservations concerning the majority opinion, however.

First, although I agree with the majority’s decision to allocate to Claimant the burden of proof to establish her compliance with the statute of limitations specified in Section 413(a) of the Workers’ Compensation Act, I believe that central aspects of its rationale conflict with precedent. Compare Majority Opinion at 485-87, 901…