Amicus Win - Erie Insurance Company v. David Heater (WCAB)
Trial Attorney & Appellate Attorneys - Daniel J. Siegel, Esq, of Law Offices of Daniel J. Siegel, LLC, and  Kenneth  E. Spivack, Esq., of Spivak & Spivack.
PAJ Amicus Author - Mark R. Schmidt, Esq.  of Schmidt, Kirifides, Rassias & Rio, PC ..
Decision

In the matter of Erie Insurance Co. v. Heater (WCAB), the Pennsylvania Supreme Court reversed the Commonwealth Court and held an individual who is the sole owner and employee of a business is not required to notify his insurer of his work-related injury within 120 days of the injury to be eligible for workers compensation.  Rather, under the plain language of the statute, the injured individual is only required to notify his employer. 

The arguments of claimant and PAJ were largely identical: The clear and unambiguous words of the Act require an injured worker to notify the EMPLOYER. Section 103 (definition of employer) and Section 311 (deadline to provide notice to the employer) of the WC Act are not rendered ambiguous by Section 401 which speaks of employer or insurer regarding subrogation. Though acknowledging the potential in rare situations where a one-person business could frustrate an insurer’s ability to investigate a claim, that is an issue for Legislative action, not by the Court.