COVID-19 Resource Center

05/20/2021

Frattone Successfully Defends Yellow Freight Motion Before WCJ

Joseph Frattone, a partner in the firm’s Philadelphia office, recently obtained a favorable ruling defeating a Yellow Freight motion made by the Claimant.

A Claim Petition was assigned to the WCJ alleging a low back injury as a result of work as a CNA.  The petition was received late by the Employer and sent immediately to Attorney Frattone for filing of an answer on the same date.  Although the answer was filed immediately after receipt, it was filed almost two months after the Claimant’s petition had been filed.  Subsequently, Claimant’s Counsel filed a Yellow Freight motion arguing that due to the late filing of the Answer, all well-pled facts should be deemed admitted.

Attorney Frattone vigorously defended the motion and presented evidence from the Employer that it had not received the Claim timely such that the Yellow Freight motion should be defeated and denied.

In the Interlocutory Order, the WCJ accepted Attorney Frattone’s evidence and ruled that Employer had established a reasonable basis for the late Answer.

As a result, Employer does not have to pay any workers’ compensation benefits as the parties continue with the litigation of the case on the merits.  Moreover, there is no presumption that disability is ongoing as would have been the case had the Yellow Freight motion been granted.