Fried, Kane, Walters, Zuschlag and Grochmal 625 Stanwix Street, Suite 1404
Pittsburgh, Pennsylvania 15222
(412) 261-4774 - fax (412) 261-1225

Compensation for Medical Appointments

Issues:Compensation for Medical Appointments
 Non entitlement to wage loss benefits for lost time for medical treatment if treatment available during non-work hours.
Case Name:CPV Manufacturing v. W.C.A.B. (McGovern), 2931 CD 2000 filed August 19, 2002.
Synopsis: FACTS: Claimant left work early twice a month for chiropractic treatment. The same chiropractic treatment available during non-work hours.
DecisionPartial disability benefits denied.
REASONINGClaimant was not entitled to partial disability benefits for lost time when the same medical treatment was available to him during non-work hours. The Court interpreted the Workers' Compensation Act as requiring the payment of wage loss benefits where there is an incapacity to work. Here claimant was capable of performing job duties and not only left work more or less as a convenience to him for the treatment. Since the treatment was available during non-work hours, claimant did not demonstrate an inability to work.
Practice Points:Employers/insurers should be able to reduce lost time costs by having claimant schedule medical treatments (i.e., doctors' visits, physical therapy treatments, and/or diagnostic testing) during non-work hours when claimant's medical provider has non-work time available to treat the claimant.