Campagna v. Brandon Knitwear, Inc.
Campagna v. Brandon Knitwear, Inc.
Opinion of the Court
OPINION BY
Brandon Knitwear, Inc. (Employer) appeals from an order of the Court of Common Pleas of Philadelphia County (trial court) which denied its petition to strike and/or open a judgment resulting from a workers’ compensation award. We affirm.
Maria Campagna (Claimant) injured her right arm and shoulder in the course and scope of her employment as a seamstress on August 27, 1994, which injury she immediately reported to Employer. In March of 1995, Claimant filed a civil action against Employer in the trial court, alleging negligence, and asserting that pursuant to Section 305(d) of the Pennsylvania Workers’ Compensation Act (Act)
In March of 1996, Claimant filed a claim petition (Petition), seeking workers’ compensation benefits under the Act. Employer failed to file an answer to Claimant’s Petition, and was thereafter precluded from presenting any evidence in the following proceeding. At the hearing before the Workers’ Compensation Judge (WCJ), only Claimant appeared. After the receipt of Claimant’s testimony and exhibits, the WCJ granted Claimant’s Petition by order and decision dated June 17, 1997. The WCJ awarded to Claimant, in addition to compensation benefits under the Act, costs, attorney fees, and medical expenses. Notwithstanding that award, Employer did not commence making payments to Claimant.
On July 8, 1997, Employer filed an untimely appeal from the WCJ’s order to the Workers’ Compensation Appeal Board (Board), which quashed said appeal for lack of jurisdiction. Employer then petitioned for review to this Court, which affirmed the order of the Board by decision and order dated May 3, 2001. See Brandon Knitwear, Inc. v. Workers’ Compensation Appeal Board (Campagna) (Pa.Cmwlth., No. 2839 C.D.2000, filed May 3, 2001), petition for allowance of appeal denied, 567 Pa. 746, 788 A.2d 379 (2001).
In November of 1997, Claimant voluntarily withdrew her civil action against Employer.
On February 26, 2001, Claimant filed in the trial court a Praecipe to Enter Judgment on the Claim Petition, seeking judg
On March 28, 2001, Employer filed a Motion to Strike and/or Open Judgment (Motion to Strike). By order dated May 22, 2001, the trial court denied Employer’s Motion to Strike, concluding in part relevant to the instant appeal that Employer’s assertions of claims of offset and credit against the judgment entered against Employer are not grounds for the opening or striking of the judgment.
On June 18, 2001, Employer filed in the trial court its notice of appeal, informing the trial court thereby that it intended to appeal the denial of its Motion to Strike to Superior Court. After Employer filed its appeal with Superior Court, Claimant timely filed an answer thereto. On August 17, 2001, Claimant filed a Motion to Quash Employer’s appeal (Motion to Quash), arguing that Employer’s appeal addresses the merits of the WCJ’s underlying award, and that therefore jurisdiction lies solely with the workers’ compensation tribunals and with this Court, and that Superior Court is without jurisdiction in this matter. Claimant further argued that the issues in Employer’s appeal have previously been decided on the merits by the Board and this Court. Employer thereafter filed an answer to Claimant’s Motion to Quash. By order dated September 12, 2001, Superior Court transferred the instant matter to this Court. By order dated October 25, 2001, this Court consolidated Employer’s appeal and Claimant’s Motion to Quash for joint disposition on the merits.
In reviewing a trial court’s denial of a motion to strike or open judgment, this Court is limited to determining whether the trial court made errors of law or clearly abused its discretion. Stoyer v. Sarko, 154 Pa.Cmwlth. 44, 621 A.2d 1244 (1993), petitions for allowance of appeal denied, 536 Pa. 649, 639 A.2d 35, and 537 Pa. 614, 641 A.2d 313 (1994). A motion to strike or open judgment will only be granted where a fatal defect appears on the face of the judgment, and the movant must support his motion with clear and convincing evidence. Id.
In the instant appeal, Employer presents one issue
Employer’s Motion to Strike, and subsequent appeal to this Court, ignores one of
It is undisputed that Employer chose not to answer Claimant’s initial claim petition in this matter, and that the WCJ thereafter granted that Petition and awarded Claimant compensation. Employer subsequently chose not to timely appeal that WCJ award to the Board. Employer also chose not to pay said award, and Claimant sought her remedy therefor under Section 428 of the Act. The merits of Claimant’s award, including the application of any credits or offsets thereto that could have been argued by Employer, were properly decided in the proceedings before the WCJ addressing the merits of Claimant’s Petition. We will not now entertain defenses to Claimant’s Petition that should have been presented by Employer before the WCJ.
Accordingly, the order of the trial court is affirmed.
ORDER
AND NOW, this 1st day of May, 2002, the order of the Court of Common Pleas of Philadelphia County, dated May 22, 2001, at No. 3075, February Term, 2001, is affirmed. Claimant Maria Campagna’s motion to quash appeal, and request for an award of attorney’s fees and delay damages pursuant to Pa.R.A.P. 2744, are denied.
. Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 501. Pursuant to Section 305, an employee is given the option to sue an employer in tort or pursue a workers' compensation remedy if the employer is uninsured or is not an approved self-insurer.
. We deny Claimant’s Motion to Quash, based upon Superior Court's transfer of the instant matter to this Court, and based upon the issue raised in Employer's appeal and our disposition thereof.
. We note that Employer has not argued that the judgment is inaccurate in any way except for its exclusion of Employer’s asserted credits and/or offsets.
. We emphasize that Employer has never commenced any proceedings before the WCJ to present its argument that it is entitled to offsets or credits towards Claimant's award.
. Claimant has also requested from this Court an award of legal fees and delay damages pursuant to Pa.R.A.P. 2744, alleging that Employer’s instant appeal is wholly frivolous. We do not agree that Employer's instant appeal is wholly frivolous, and therefore deny Claimant’s request. Although Claimant has requested fees and damages for a frivolous appeal, Claimant’s argument thereon included assertions regarding Employer's failure to timely pay pursuant to the WCJ’s original award. We emphasize that our instant denial of Claimant’s request for fees and damages under Pa.R.A.P. 2744 does not address the issue of whether Employer may be assessed penalties under the Act for its failure to pay under the WCJ’s original award.
Reference
- Full Case Name
- Maria CAMPAGNA v. BRANDON KNITWEAR, INC.
- Cited By
- 4 cases
- Status
- Published