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That an employer operates its business on Sundays and, therefore, would have been able to receive a notice of injury by an injured employee on that day, has no effect on the 120-day notice period found in Section 311 of the Pennsylvania Workers’ Compensation Act [77 P.S. §631], held the state's Commonwealth Court. Accordingly, where the 120-day period for the notice of injury ended on a Sunday, the employee had an additional day to serve her notice. The Court stressed that the employer sought to add language to Section 311 to make the calculation of the 120-day notice period dependent on whether the employer operated over the weekend. The Court added that it was not for the courts to add, by interpretation, to a statute, a requirement that the legislature itself had not seen fit to include.
Thomas A. Robinson, J.D., the co-Editor-in-Chief and Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law(LexisNexis).
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See Holy Redeemer Health Sys. v. Workers’ Comp. Appeal Bd. (Figueroa), 2020 Pa. Commw. LEXIS 833(Dec. 31, 2020)
See generally Larson’s Workers’ Compensation Law, § 126.13.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see
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