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If I Lose My Pennsylvania Workman’s Comp Case Can I Appeal It?

Yes. If you wish to appeal part of all of a Decision that was unfavorable to you,  you can file an appeal to the Pennsylvania Workers’ Compensation Appeal Board within 20 days of the Decision from the Workers’ Compensation Judge.

It is strongly recommended that you review the Decision with your PA Work Comp Lawyer to determine if they will be taking an appeal and why or why not. If  you were represented by an attorney who does not wish to appeal,  you may appeal it yourself or try to find another attorney. However, this can be a difficult task because of several reasons: 1) A new attorney is unlikely to want a case that has already been rejected by a Work Comp Judge, 2) 20 days can go by quickly and it is difficult to catch up to speed on a case that fast, and 3) the legal burden to overturn a decision from a Work Comp Judge is fairly strenuous. This is not to say that you should simply accept the Decision of the Work Comp Judge, but it is to say that it is usually difficult to find a new attorney who will want to jump onboard.

Does the Appeal Board frequently overturn a Decision from a Work Comp Judge? I don’t know the statistics, but my experience is that it is quite difficult to get an unfavorable Decision overturned. It is more common to see a “remand” where the Appeal Board sends back a case to the Work Comp Judge to re-issue the Decision, with a more detailed review of specific evidence or a more detailed analysis of the reasoning behind a credibility determination. Some cases get overturned, but I imagine the number to be a small percentage.

What happens if the Pennsylvania Work Comp Appeal Board doesn’t agree with my appeal- can I take another appeal to a higher court? Yes. You can appeal the Decision of the Workers’ Compensation Appeal Board to the Commonwealth Court of Pennsylvania, and beyond that, to the Supreme Court of Pennsylvania- but the Supreme Court isn’t required to hear the case.

I get a few calls every month from injured workers who lost their case, but who were unrepresented (“pro se”) or had another attorney, and want me to file an appeal. I do not take many of these cases but I will review the case with an injured worker and share my thoughts. The key is to listen to your attorney during the litigation process and to ask him or her to tell you the strengths and weaknesses of the case and to give an approximate range as to the odds of success. Given the highly deferential nature of the appeal law, the time to communicate carefully with your Pennsylvania Work Injury Lawyer is before a Decision is rendered- and to take any recommendation of settlement seriously. Litigation is always unpredictable. That doesn’t mean you should settle just to settle- the settlement, of course, has to be fair given the facts of your case. But counting on a victory is never a wise thing to do either.

If you want information about how Pennsylvania Workers’ Compensation works, call experienced PA Workplace Injury Attorney Michael W. Cardamone  at (215) 206-9068 for free consults 7 days a week; or email Michael@Cardamonelaw.com

Comp? Cardamone!

 

Awards & Recognitions

Pennsylvania Workmans Comp Attorney
Philadelphia Workmans Comp Lawyer

Cardamone Law Has Negotiated Some of the Largest Workers’ Comp Settlements in Pennsylvania

$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
& Hundreds More Cases
$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
& Hundreds More Cases

Client Testimonials

"Best Law Firm around!"

"Cardomone law is absolutely fantastic! They are very responsive and helpful and they will fight to get you what you deserve. Shirley is also very helpful whenever you have any questions! Best Law Firm around!"

- C. Edwards
Google Reviews
"Michael and Shirley are very dedicated...and getting the maximum amount favorable to my case"

"Cardamone Law Firm were very helpful to me since day one. Michael and Shirley are very dedicated to my case giving me updates, answering my questions, being honest with my case, and getting the maximum amount favorable to my case. Thank you so much for your service and dedication and helping me to achieve not only your case but to guide and refer me in other needs too! You guys are the best law firm friendly and dedicated. I will recommend to anyone."

- A. Ortiz
Google Reviews
"Michael won my workers comp case after my employer insurance denied my claim."

"Exceptional firm. Highly recommend this law firm. Michael won my Workers Comp case after my employer insurance denied my claim. Him and his staff were always at my reach for legal and emotional support. Am so happy I hire them. Thanks Michael and Ms. Shirley."

- Carlos P.
Google Reviews
"[They] did an excellent job in getting me financially compensated in a fairly short amount of time."

"I recently had a work related injury and was receiving Workers' Compensation (medical benefits only). Soon after I was fired, so I contacted Paul Silver at Cardamone Law Firm who did an excellent job in getting me financially compensated in a fairly short amount of time. Paul and his assistant Shirley always responded to any questions I had about the case in a very short amount of time. Thank you for helping me with this difficult case."

- Robin C.
Google Reviews
"Highly recommend."

"Cardamone Law was great with helping my husband with his Workers Comp issues. Mike and Shirley were the best with letting us know what was going on every step of the way. Highly recommend."

- Danielle P.
Google Reviews
"Mike Cardamone is amazing"

"Mike Cardamone is amazing. He is "hands down" one of the best lawyers I've ever had the privilege of knowing. He is very kind, understanding, knowledgeable in his field, always very thorough and helpful. He was extremely professional and someone who truly cares about his clients. I felt completely at ease with him. He was a pleasure to work with, explained everything in detail, as well as answered all my questions with knowledge and care. If you want someone you can trust, who communicates every step of the way, will fight for you and make sure you win your case, he is it! I will refer all my family and friends to him. Thank you so much Mike, for everything. I appreciate all your hard work and dedication in helping me."

- Allie M.
Google Reviews
Without a doubt YOU are the best!!!

"Without a doubt YOU are the best!!! Every person who is in the horrible position of being injured at work should have someone as kind, compassionate and knowledgeable as you on their side. You never once made me feel like I was one of a hundred other clients. I always knew you had my back! You answered calls and emails at all hours. You fought every fight for me so I only had to worry about getting well. Behind your nice, calm face there’s a pit bull ready to take on any employer or judge. I can never thank you enough."

- L. Edall
Google Reviews
"Best Workers' Comp Lawyer!"

"Michael is simply the best! He was there for me from day 1 till the end, and we won the case!! He is always available to help. I had a gazillion questions and he would answer them one by one. He's a great lawyer and I feel lucky to have found him online from reading other outstanding reviews about him. Believe me, they're true!"

- Faith B.
Google Reviews
"Great Attorney"

"Great attorney, handled case quickly and efficiently. I would recommend him and would use him again. He was always available to answer any questions we had. Thank you, Mr. Cardamone."

- H. Anderson
Google Reviews