What Does Supersedeas Mean in Pennsylvania Workers’ Compensation?
If you think your work injury case is concluded because you have started to receive your benefits checks regularly, think again.
Your employer’s insurer is trying to save as much money as possible. To that end, they may decide to invoke supersedeas and petition you to appear for an independent medical exam.
What is Supersedeas?
Supersedeas is a legal term used in Pennsylvania workers’ compensation law that allows an employer to stop your wage loss benefits immediately. “Supersedeas” is the request by the employer/insurance company to cut off/supersede or reduce your indemnity (wage loss) benefits.
You will often see a Supersedeas request when a Termination/Modification/Suspension Petition is filed against you. These are the three main petitions an employer/insurer can file to threaten your Pennsylvania Workers’ Compensation benefits. The employer/insurer’s attorney will most likely request Supersedeas but the Work Comp Judge will normally grant you some time after the first hearing to submit some initial evidence rebutting the allegations in the petition. (not all Work Comp Judges allow extra time, so be careful to know your Judge and his/her rules- some want the Supersedeas evidence ready at the initial hearing) For example, if the insurer/employer filed a Petition to Terminate benefits, they are alleging that you are fully recovered from the accepted work-related condition. The Judge assigned the case, soon after the first hearing, will make a Supersedeas Decision. So you will want to speak to an attorney to make sure you are submitting evidence to win the Supersedeas Decision, and that directly refutes the allegations in the petition. If it’s granted, then your wage loss checks will stop during the litigation. If the request for Supersedeas is denied (this is more common), then your wage loss checks will continue as the case proceeds through court. If you are not receiving wage loss benefits, then there is nothing to supersede so Supersedeas doesn’t apply. Again, Supersedeas only goes to the wage loss benefits. The medical benefits are not affected.
After Supersedeas, the case continues where the parties have 90 days each (normally 180 days total) to secure their evidence. Then a final hearing will take place where the evidence is submitted, after which the Work Comp Judge will advise the parties how long they have to submit written arguments called “Briefs”.
Timeline of a Supersedeas Case
In cases where we win a decision on behalf of an injured worker, the employer/insurer often files an appeal to the Workers’ Compensation Appeal Board. That appeal is due 20 days from the date of the decision from the Workers’ Compensation Judge.
The insurer’s attorney will often request Supersedeas or an Order that states that they don’t have to pay the award, or perhaps costs or a penalty award, at the outset of the appeal process.
An Order from the WCAB is due within 30 days of the request for Supersedeas.
Litigation in a Pennsylvania Workers’ Compensation case can take up to a year or more. The Supersedeas Decision from a Work Comp Judge will happen soon after the initial hearing. Winning Supersedeas is really important and should not be taken lightly. The Supersedeas Decision from the PA Work Comp Judge is an Interlocutory Order– this means it is not subject to appeal like a final order on the merits of a case.
What happens at the Supersedeas Hearing?
A special supersedeas hearing is held before a Workers’ Compensation Judge within 21 days of the assignment of the Employer’s Petition.
At the supersedeas hearing, the Claimant’s attorney submits an affidavit from the injured worker stating why benefits should not be stopped and detailing the medical problems that the Claimant is still suffering as a result of the work injury.
The Claimant’s attorney will also submit a recent, relevant medical report from the Claimant’s treating physician stating why the Claimant is still disabled and not able to return to work.
How is the Decision Reached?
Within 14 days of the supersedeas hearing, the Judge must issue a written decision on the request for supersedeas. Unless a supersedeas is granted by a written order, it will be deemed denied.
How to Win a Supersedeas Case
As your appointed Philadelphia Workers’ Compensation lawyer, we will counter this by demonstrating that
- they are not likely to prevail on the merits,
- that they will not suffer irreparable injury if Supsersedeas is denied,
- that a stay will substantially harm our client, and
- that the issuance of a stay will adversely affect the public interest (see 6i – 6iv above).
Winning the Supersedeas decision at the outset of the appeal is critical so that our clients can get their money, pay their bills, and start getting out of debt after a long time in litigation/court.
Our Workers’ Comp Lawyers Can Help
Supersedeas is a really important matter if you are an injured worker and receiving wage loss checks. Why? Because if you lose the Supersedeas Decision, your checks will be reduced or stopped as the case proceeds. And, litigation can take up to a year sometimes, even more in some cases. So you want the cash flow to continue and winning Supersedeas is the way to do this! Call Norristown Workers’ Comp Law Firm Cardamone Law 7 days a week to get your case reviewed. No charge, no costs. Fees in Pennsylvania Work Comp are contingent. We win the vast majority of Supersedeas Decisions, thereby positioning our clients’ cases in a way that maintains leverage, especially for settlement negotiations.
Successful Client Results for Cases Involving Supersedeas Requests
A Case Involving a Serious Foot/Ankle Injury
Cardamone Law successfully defeated a Supersedeas request, (a request at the outset of litigation by the insurer to reduce an injured worker’s wage loss benefits) in a case involving a serious foot and ankle injury. The insurer attempted to argue that the Claimant refused reasonable and necessary medical treatment, but Attorney Michael Cardamone argued that the insurer failed to specify what treatment and meet the other elements of such a Petition to Suspend. The Work Comp Judge denied the Supersedeas request which allows the wage loss benefits to continue as the litigation proceeds.
A Supersedeas Case Involving an Injured Bus Driver
Michael W. Cardamone, Esquire, President of Cardamone Law, has secured another victory for his client, an injured bus driver. Cardamone had won the underlying case a few years ago, getting his client onto workers’ compensation benefits after her work-related knee injury. The litigation was fought hard and Cardamone prevailed by showing the Workers’ Compensation Judge that his client was credible and that her doctor, an orthopedic surgeon who did her knee surgery, had a more credible opinion than the hired gun from the Employer.
In this most recent litigation, the Employer is alleging that Cardamone’s client is fully recovered. The first part of the case is called Supersedeas whereby the Employer asks the Judge to supersede or cut off the wage loss checks. In response, Cardamone submitted an Affidavit from his client, and recent medical records indicating that she is not fully recovered.
The Workers’ Compensation Judge denied Supersedeas which means the wage loss checks will continue as the litigation unfolds. This is a critical win because litigation can take up to a year- sometimes even longer. The victory allows Cardamone’s client to keep paying her bills as she tries to recover and restore her earning power.
A Supersedeas Case Involving an Injured Truck Driver
Michael W. Cardamone, President of Cardamone Law, secured an important victory for his client, an injured truck driver. Cardamone’s client sustained a work-related foot and ankle injury. The insurer sent him to an IME doctor who claims who is now recovered. Cardamone presented evidence from both his client and the treating physician, demonstrating that his client is not fully recovered. Consequently, the Workers’ Comp Judge denied Supersedeas- that is, a request at the outset of litigation, to reduce the wage loss payments. As the case proceeds on the merits, Cardamone’s client will continue to get paid.
A Case in Monroe County, PA
Cardamone’s client faced a Suspension of her benefits based on a Petition filed by her employer/insurer. However, Cardamone successfully argued to the Workers’ Compensation Judge at the initial hearing that the allegations in the Petition were vague and not conducive to any meaningful reply. The Work Comp Judge agreed, directing the employer/ insurer to set forth more specific allegations, denying their request to immediately shut down the wage loss checks. Consequently, Cardamone’s client will continue to receive her checks as the litigation proceeds on the merits.
Our Law Firm Secures Housekeeper’s Dues
Michael W. Cardamone, CEO of Cardamone Law, has secured another Supersedeas victory for his client, an injured worker who injured her low back working as a housekeeper in Northeast Pennsylvania. The insurer tried to cut off her wage loss benefits by submitting an “Independent Medical Exam”, but Cardamone successfully rebutted the report by submitting an Affidavit from his client confirming that she is not recovered, and some of her recent medical records.
As a result, Cardamone’s hardworking client can continue to pay her bills as she receives ongoing treatment for her work injury.
Contact Cardamone Law by calling (267) 651-7945 for a free case assessment with our Chambersburg, PA Workers’ Comp lawyers.
