Yellow Freight After WCAIS and Beyond
Statute and Case Law Analysis
Section 416 of the Act provides that the filing of an Answer is required within twenty days of service of a Claim Petition. When an employer fails to file an answer within the statutory period and/or fails to appear in person or by counsel at hearing without adequate excuse, employer is bared from challenging any factual allegation in the Claim Petition that is well pled. Yellow Freight Systems, Inc. v WCAB (Medara), 423 A.2d 1125 (Pa. Cmwlth. 1981); Chik-Fil-A v. WCAB (Mollick), 792 A.2d 678 (Pa. Cmwlth. 2002).
March 16, 2018