The PA Workers Comp Appeals Process
Appealing the Judge's Decision
In the PA workers comp claims process, if a person involved in your case does not agree with the decision issued by the judge, then an appeal can be filed. The appeals process can be confusing and could go all the way to the Pennsylvania Supreme Court. If you are appealing a workers comp ruling and do not have a lawyer, you should contact us.
Appealing to the Pennsylvania Workers Compensation Appeal Board
After the judge issues the written decision, those involved in your case have 20 days to file an appeal with the PA Workers Compensation Appeal Board.
- If no appeal is filed, and the decision was in your favor, your workers comp payments would begin. In addition, you would 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.
- If an appeal is filed, the PA Workers Compensation Appeal Board will review your case. The appeal board would then decide if they agree or disagree with the decision made by the workers comp judge. They will also issue a written decision to everyone involved in your case.
Decisions made by the PA Workers Compensation Appeal Board can be appealed to the Pennsylvania Commonwealth Court.
Appealing to the Pennsylvania Commonwealth Court
After the PA Workers Compensation Appeal Board issues its decision, those involved in your case have 30 days to file an appeal with the Commonwealth Court.
- If no appeal is filed, and the decision was in your favor, your workers comp payments would begin. In addition, you would 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.
- If an appeal is filed, the Pennsylvania Commonwealth Court will review the record to determine whether an error was made and whether the decision was supported by substantial evidence. After the review, the Pennsylvania Commonwealth Court will issue a written decision to everyone involved in your case.
Usually, decisions made by the Pennsylvania Commonwealth Court are the end of the road. However, in rare situations, its decision can be appealed to the Pennsylvania State Supreme Court.
Appealing to the Pennsylvania Supreme Court
After the Pennsylvania Commonwealth Court issues its decision, those involved in your case have 30 days to file a "Petition for Allowance of Appeal" with the Pennsylvania Supreme Court.
- If no petition is filed, and the decision was in your favor, your workers comp payments would begin. In addition, you would 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.
- If a petition is filed, the Pennsylvania Supreme Court can decide to hear or not to hear the case. If the Supreme Court decides not to hear the case, the decision of the Commonwealth Court is final.
- If the Pennsylvania Supreme Court decides to hear the case, those involved in your case would submit briefs and may be required to argue the case in front of the Supreme Court. The Court will either agree or disagree with the decision of the Pennsylvania Commonwealth Court. It will then issue a written decision to everyone involved in your case.
Once the Pennsylvania Supreme Court decides the case, the appeal process is over and the decision is final.
Hurt on the job? Put our experience to work for you
If you don't have an attorney to help you with your injury claim, the deck is stacked against you. It is important to know your legal rights if you are injured at work. The law firm of Edgar Snyder & Associates has been helping injured Pennsylvania workers for nearly 20 years. Let us put this experience to work for you.
Free Legal Evaluation
If you suffered an injury at work, and don't already have an attorney, you can contact our law firm for a free evaluation of your claim by:
- Filling out a simple online form so we can evaluate your claim.
- Calling toll-free 1-866-802-2643. Our phones answer 24 hours a day/7 days a week.
It won't cost you a dime to have our staff review your claim. We'll listen to what you have to say and let you know your options based on what you have shared. It's free and there's no further obligation. And, as always, there is never a fee unless we get money for you.
Client Satisfaction
Message From
Attorney Edgar Snyder
