Can I Appeal a Workers’ Compensation Decision in Pennsylvania?

Most workers that have been hurt on the job in Pennsylvania have the right to file a workers’ compensation claim. Workers’ compensation can provide benefits to make up for lost income and medical expenses. Many rely on these benefits, and are quite shocked when they learn their workers’ compensation claim has been denied. When this happens, many people don’t know what to do, and they don’t understand that they can appeal the decision.

The Pennsylvania Workers’ Compensation Appeal Board

If your workers’ compensation claim has been denied, you have likely appeared in front of a judge that has ruled against you. The judge will issue their decision in writing. Once you receive this decision, you have 20 days to file an appeal with the Pennsylvania Workers’ Compensation Appeal Board.

The Appeal Board will then review your case and either agree or disagree with the original decision. They will also issue a written decision. If the Board disagrees with the original decision, you will start receiving workers’ compensation benefits. If the Appeal Board agrees that you claim should be denied, you can then take your case to the Pennsylvania Commonwealth Court.

Pennsylvania Commonwealth Court

After you receive the written decision from the Appeal Board, you have 30 days to file an appeal with the Pennsylvania Commonwealth Court. This process is similar to the process of filing with the Appeal Board.

The Commonwealth Court will review your case to determine if there were any errors made. They will also determine if the decision was substantiated with enough evidence. Then they will make their decision and provide you with it in writing. If the Court overturns the decision, you will start receiving workers’ compensation benefits.

Most workers’ compensation appeals stop at this stage if the Court agreed with the decision of the Appeal Board. However, individuals that have a very strong case, they can file an appeal with the Pennsylvania Supreme Court.

Pennsylvania Supreme Court

If you decide to continue on with your case, you have 30 days from the date of the Commonwealth Court’s decision to file a Petition for Allowance of Appeal with the Pennsylvania Supreme Court. The highest court in the state has the discretion to decide whether to hear your case or not.

If the Supreme Court chooses not to hear your case, the case is considered closed and the decision of the Commonwealth Court stands. If the Court does hear your case, you will have to argue your case in front of the Supreme Court. They will then issue their written decision, which is final.

Need Help with Your Appeal? Call Our Pennsylvania Workers’ Compensation Attorneys

If you’ve been denied the workers’ compensation benefits you desperately need, don’t give up. Our Scranton workers’ compensation attorneys at Haggerty, Hinton & Cosgrove will fight for the benefits you deserve. Call us today at 570-344-9845 to learn more about how we will protect your rights, guide you through the complex appeals process, and give your case the best chance of a successful outcome.

Resource:

legis.state.pa.us/cfdocs/Legis/LI/uconsCheck.cfm?txtType=HTM&yr=1915&sessInd=0&smthLwInd=0&act=0338.

https://www.haggertylaw.net/when-you-need-a-workers-compensation-lawyer-in-pennsylvania/