Appealing Your Pennsylvania Workers Compensation Decision?
In the Pennsylvania workers compensation legal process, an appeal is filed if a person involved in your case does not agree with the judge's decision. The appeals process can be confusing, lengthy, and ultimately end up in the Pennsylvania Supreme Court.
Pennsylvania Workers Compensation Appeal Board
You have 20 days from the day your written decision is issued to file an appeal with the Pennsylvania Workers Compensation Appeal Board.
- No appeal is filed: If the decision was in your favor, your workers compensation payments will begin. In addition, you receive 10% interest per year from the date that you filed your claims petition. Once your payments start, your employer can later file a Petition to Terminate, Modify or Suspend Compensation Benefits.
- An appeal is filed: The Pennsylvania Workers Compensation Appeal Board will review your case and decide if they agree or disagree with the original decision. The Appeal Board will then issue their written decision.
Disagree with the decision? You can appeal to the Pennsylvania Commonwealth Court.
Pennsylvania Commonwealth Court
You have 30 days from the day your written decision is issued by the Pennsylvania Workers Compensation Appeal Board to file a further appeal with the Pennsylvania Commonwealth Court.
- No appeal is filed: If the decision was in your favor, your workers compensation payments will begin. In addition, you receive 10% interest per year from the date that you filed your claim petition. Once your payments start, your employer can later file a Petition to Terminate, Modify or Suspend Compensation Benefits.
- An appeal is filed: The Pennsylvania Commonwealth Court will review your case record to determine if an error was made and whether the decision was supported by substantial evidence. The Pennsylvania Commonwealth Court will issue a written decision.
Most workers compensation appeals end with the Pennsylvania Commonwealth Court. However, this court's decision can be appealed to the Pennsylvania Supreme Court.
Pennsylvania Supreme Court
You have 30 days from the day your written decision is issued by the Pennsylvania Commonwealth Court to file a "Petition for Allowance of Appeal" with the Pennsylvania Supreme Court.
- No petition is filed: If the decision was in your favor, your workers compensation payments will begin. In addition, you receive 10% interest per year from the date that you filed your claims petition. Once your payments start, your employer can later file a Petition to Terminate, Modify or Suspend Compensation Benefits.
- A petition is filed: The Pennsylvania Supreme Court can decide to hear or not to hear the case.
- Case will not be heard: The decision of the Commonwealth Court is final.
- Case will be heard: Your lawyer and your employer's lawyer will submit briefs and may be required to argue your case in front of the Supreme Court. The Court will then issue a written decision. At this point, the appeals process is over and the decision is final.
Filing an Appeal for Pennsylvania Workers Compensation? Contact a Lawyer Today. No Fee. No Obligation.
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