What is the Process for Pennsylvania Workers’ Compensation Cases?
Navigating the Pennsylvania Workers’ Compensation system can be daunting. Understanding the steps involved, from the initial petition to potential appeals, is crucial for a successful outcome. We’ll break down the process and outline the key stages and roles of the judge, the Workers Compensation Appeal Board, and the Commonwealth Court.
If you’ve been injured on the job, this guide will provide valuable insight into your rights and the path to obtaining the Workers Compensation benefits you deserve.
Step One: Fight a Petition Before a Workers Compensation Judge
The Judge has exclusive authority to decide which witnesses and evidence to believe (or reject) if they state why they accept or reject the evidence. The judge must also address any issues regarding the interpretation of the law. The most common types of petitions are described in another post, What are the different types of Workers Compensation petitions?.
Step Two: Appeal to the Workers Compensation Appeal Board (the WCAB or “Board”)
The Board CANNOT re-evaluate the evidence for credibility but does have the authority to determine if the “reasons” stated by the Judge are sufficient, whether any important items of evidence were ‘disregarded’ (not addressed by the judge), and whether the judge applied the law correctly.
Many lawyers for claimants or employers will appeal an unfavorable decision at this point – but not go further.
Step Three: Appeal to the Commonwealth Court of Pennsylvania
The issues they can review are mostly identical to the WCAB, but they usually provide a more extensive analysis of whether the Judge
- Acted within, exceeded, or even abused their authority
- Provide a sufficient explanation for believing or rejecting evidence
- Disregarded significant items of evidence
- Whether the law was applied correctly
This Court can also determine if a party’s constitutional rights were violated.
Step Four: Extremely Rare and is NOT a “Right”
A party who has lost a case or even just a given issue can ask the Supreme Court of Pennsylvania for permission to advance an appeal to them. The Supreme Court will decide whether an issue is of sufficient importance to future cases – not just the specific case involved. This is “The Last Chance” for any case to be Decided in a manner different than the Judge. Their scope of review is the same as that of the WCAB and Commonwealth Court. In other words, even the Supreme Court does not have the authority to re-evaluate which evidence is believable or rejected. As above – that is exclusively the role of the judge.
If you want to consult with a Workers Compensation attorney, call 267-732-0774 or reach us online.