holding that “payments of medical expenses can constitute ‘payments of compensation’ for purposes of section 315 and will toll the limitations period in an appropriate case”
How later courts described this case
- holding that “payments of medical expenses can constitute ‘payments of compensation’ for purposes of section 315 and will toll the limitations period in an appropriate case”
- opinion announcing judgment of the Court
Written by the judges who cited it.
The opinion
CONCURRING OPINION
ZAPPALA, Chief Justice.
I join the Opinion Announcing the Judgment of the Court. I write separately, however, to note that it may prove difficult for a claimant to adduce direct evidence that the employer intended the payments for medical expenses to be “payments *543 of compensation” for purposes of Section 315. Thus, I merely emphasize, as recognized in footnote 3 on page 970 of the Opinion Announcing the Judgment of the court, that in some cases, the evaluation of the employer’s intent may have to be determined from what a “reasonable person” would deduce from the evidence. In summarizing its holding, the author goes on to state that “[t]he claimant cannot meet his or her burden by showing that payments of expenses have been made, but must adduce additional evidence as to the employer’s intent in making the payments.” Slip Op. at 971 (emphasis added). This latter statement should not be interpreted as inconsistent with the former for as to do so may render the claimant’s burden an impossible one to overcome.