Notice of Compensation Denial Decision

In the case, Mason v. Workers’ Compensation Appeal Board (Rothman Institute), the claimant’s work injury was accepted by a Notice of Compensation Denial (NCD). During litigation of a claim petition, the Claimant argued that the employer could not deny his work injury because of the previous acceptance on the NCD. However, the Workers’ Compensation Appeal Board determined that the Claimant still had the burden of establishing the disabling nature of his work injury. The decision is troubling not only because of the employer’s acknowledgement on the NCD, but also because with the new Bureau forms it seems that this acknowledgement of injury is limited and burden still lies with the Claimant.