Commonwealth Court Directs Employer to Pay for Repairs to Bathroom Modified to Accomodate Injured Worker’s Wheelchair
Posted on September 10th, 2009
The Pennsylvania Workers’ Compensation Act requires that employers pay for “medicines and supplies, hospital treatment, services and supplies and orthopedic appliances, and prostheses” for an injured worker. (Section 306(f.1)(1)(ii)). This section of the Act has been interpreted to include modifications to a claimant’s home to accomodate needs related to the work injury, such as modifications to accommodate use of a wheelchair. Rieger v. Workmen’s Compensation Appeal Board (Barnes & Tucker Co.), 521 A.2d 84 (Pa. Cmwlth.1987).
Previous decisions such as Zuback v. Workers’ Compensation Appeal Board (Paradise Valley Enterprise Lumber Co.), 892 A.2d 41 (Pa. Cmwlth. 2006),have held that employers are also required to pay for the cost of repairs of orthopedic devices, a position that has resulted in employers routinely paying for repairs to wheelchais, orthopedic beds, etc.
In a recent decision, Equitable Resources v. WCAB (Thomas), No. 80 C.D. 2009 (6/19/2009), Commonwealth Court affirmed the decision of a Workers’ Compensation judge who applied Zuback to require the employer to pay for repairs to a water leak damaged bathroom which had been modified to accommodate claimant’s wheelchair.
