Pennsylvania Workers Compensation Glossary of Terms
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Pain and suffering damages. Money paid to compensate an injured party for physical discomfort and distress and mental and emotional trauma. Workers compensation does not permit an injured worker to collect pain and suffering damages against an employer. However, depending on the circumstances surround the injury, workers compensation claimants may have independent products liability cases against the manufacturer or seller of dangerous or defective products.
Partial disability. Any disability that is less than a total disability. Workers compensation benefits are generally measured by earning power. Partial disability benefits are measured by comparing an injured worker's earnings before a work-related injury occurred with post-injury earnings. Partial disability payments will not exceed 500 weeks regardless of the injury or illness.
Party. In workers compensation cases, this term is used to refer to a claimant , a defendant, an employer, an insurance carrier, an additional defendant, and, if relevant, the Commonwealth of Pennsylvania.
Peer review. In a workers compensation case, a medical review by an impartial physician or other-health care provided selected by the Secretary of Labor and Industry upon recommendation of the deans of the medical colleges located in Pennsylvania; a panel of such professionals and providers selected by the Secretary of Labor and Industry upon recommendation of the deans of the medical colleges located in Pennsylvania or recommendation of professional associations representing such professionals and providers; or a Peer Review Organization approved by the commissioner and selected by the Department of Labor and Industry.
Petition. A formal written request for judicial action on a certain matter.
Petition for Allowance of Appeal. Petition filed with the Pennsylvania Supreme Court requesting that the court hear a certain matter.
Petition to Modify Compensation Benefits. This petition can be filed by the employer/insurance carrier or the injured employee. Usually, the petition seeks to reduce or increase the amount of workers compensation benefits payable because a disability either decreases from total to partial or increases from partial to total.
Petition to Reinstate. See reinstatement petition.
Petition to Suspend Compensation Benefits. This petition is filed by the employer/insurance carrier. The petition seeks to suspend workers compensation benefits payable for a particular reason, which may or may not be a claimant's failure to comply with certain requirements of the Workers Compensation Act.
Petition to Terminate Compensation Benefits. This petition is filed by the employer/insurance carrier in an attempt to stop payment of Workers Compensation benefits for certain reasons stated in the petition. In most cases, the employer will allege that the injured worker is fully recovered and the injury has, therefore, ended.
Petition to Terminate, Modify or Suspend. Generic term for a change of status petition, which is a multi-purpose checklist form that is used to change a workers compensation claimant's status or to review compensation documents and liability. See change of status petition.
Petitioner. One who presents a petition to a court, officer, or legislative body.
Precedent. Decision by a court that provides an example or authority for later cases involving a similar question of law. See binding authority.
Pro bono. (Latin: "for the good") Used to describe the provision of services free of charge.
Procedural law. Generally, the body of law establishing the method or procedure of enforcing rights or obtaining redress for invasion of rights. Compare with substantive law which establishes rights.
Products liability. Area of the law involving the liability of manufacturers and sellers of dangerous or defective goods or products.
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