Waugh v. Workmen's Compensation Appeal Board

OPINION OF THE COURT

CASTILLE, Justice.

This Court granted allocatur in the above-referenced matter in order to address whether an insurance company is entitled to set aside a Notice of Compensation Payable (“NCP”) on the grounds that an employer’s intentional misrepresentation as to the claimant’s residency at the time of the injury constituted a material mistake of fact. For the reason that follow, we reverse the Commonwealth Court and conclude that an insurance company is entitled to set aside the NCP in these circumstances.

The facts relevant to this appeal are that on December 18, 1993,…