Claim of Appley v. American Food
A claimant's 2003 work-related injury was classified as a permanent partial disability in 2009. A Workers' Compensation Law Judge (WCLJ) ordered the employer's carrier to deposit the present value of the uncapped benefit award into the aggregate trust fund, a decision the Workers' Compensation Board affirmed. Subsequently, the WCLJ issued a supplemental decision specifying a lump-sum payment of $111,182.53. The employer appealed this supplemental decision, raising arguments identical to its first appeal, prompting the Board to not only reject the arguments but also penalize the employer for a frivolous appeal. The appellate court reviewed the Board's decision and reversed the penalty, concluding that the employer's rationale for the second appeal, though ultimately lacking merit, was not frivolous given the timing of a clarifying Board policy regarding statutory stays during appeals.