Workers’ Compensation is paid by an employer directly or, more commonly, through their insurance carrier. However, insurance carriers are not just trusted to pay claims appropriately, and a good portion of Workers’ Comp claims end up before a Workers’ Comp Judge at one point or another. The way these cases get before a judge is through the filing of a petition.
When you or the employer/insurance carrier file a petition, it usually has a specific goal. In your case, it is usually going to be a Claim Petition – the document asking the court to grant you benefits in the first place, and you will typically need a lawyer to help you with the complex legal issues. Other petitions are filed by the insurance carrier or employer to try to shut down benefits later in your case – at which point you should get a lawyer to defend your benefits. You may even need to file a petition when settling your case.
For a free review of your Workers’ Comp case, call our Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law at (267) 651-7945.
Types of Petitions Filed in Workers’ Comp Cases in Pennsylvania
As mentioned, petitions can be filed by either side. Usually, your case will focus on a Claim Petition at the outset, but other petitions might be filed later in the case or after your initial benefits are granted.
Claim Petition
The Claim Petition is the petition your Pennsylvania Workers’ Comp attorneys file to get your claim for benefits heard by a Workers’ Comp Judge.
When the insurance carrier either denies your initial claim or refuses to even respond to it, the Claim Petition is usually the first thing we will file to bring the case to court, where it can be decided by a neutral judge instead of the interested parties.
Penalty Petition
Penalty Petitions are filed to request that the court make a party pay extra for violating the rules or processes. Insurance carriers and employers might ignore required response deadlines and simply ignore your initial claim, hoping that you will just go away and stop fighting for benefits.
This is cheaper for them, but if you do respond and get a lawyer and take them to court, you can potentially file a Penalty Petition and get additional pay because of their attempt to cheat the process.
Review Petition
After your claim has been accepted and you’ve received a notice that you will get benefits, you might notice problems with the amounts or benefits to be paid. Benefits should typically pay for all medical care needs for your work injury, and they should cover lost earnings at 2/3 of the typical average weekly wage you received before the accident. There may also be additional benefits if you lost a body part, lost total function, lost hearing or vision, or suffered facial scars.
If any of these amounts are wrong or there are problems with the benefits, a Review Petition is what you file to correct them.
The employer might also file a Review Petition if the court got something wrong.
Termination, Suspension, or Modification Petitions
If you get better and can return to work, your benefits should change. If you return to work at full capacity and no longer face wage loss, your benefits should end. If there are problems with the case and your employer might have room to make changes, they might also be able to pause benefits for a bit while things are worked out.
These are the kinds of things that are handled through Petitions to Terminate, Suspend, or Modify. Typically, these petitions are going to be filed against you in an attempt to shut down your benefits, but you may also be able to modify benefits back to full disability benefits if you were receiving part-time benefits and then your condition got worse again and kicked you back to total disability.
What is the Difference Between a Claim Petition and a Review Petition?
Claim Petitions and Review Petitions are two of the most common petitions you might encounter, but they are different:
Who Files?
A Claim Petition is only filed by the injured worker to try to seek benefits. There would be no reason for the employer to file a Claim Petition.
Purpose
The purpose of a Claim Petition is to request benefits in the first place, while a Review Petition seeks to have a Workers’ Comp Judge double-check the benefits that are already in place. This might end by modifying the Notice of Compensation Payable.
Timing
Claim Petitions are only filed at the beginning of your case, while a Review Petition can be filed at two different points:
- If your employer starts paying your benefits, but the amount might be wrong, you would file this early on.
- If, after benefits have been decided, there is an error or mistake, either party can file a Review Petition to fix the problem.
What is Supersedeas?
A Petition to Terminate, Suspend, or Modify may be referred to as “supersedeas.”
Purpose
Essentially, this is a request from the employer to immediately halt benefits, whether on a permanent or temporary basis. This is often filed if the employer thinks you are totally healed and able to return to work at full capacity, or if you have actually returned to work and need your benefits changed or terminated.
What Does it Mean?
This name comes from the same root as “supersede,” and it essentially means the same thing: supersedeas interrupts the current plan to potentially cut it off and set up a new, superseding plan.
What Petition Do You File to Appeal a Workers’ Comp Case?
Different forms are used at different stages of review and appeal:
With the Workers’ Comp Judge
You can potentially file a Review Petition to have the Workers’ Comp Judge on your case review a potential error.
WCAB Appeals
However, when appealing to the Workers’ Comp Appeal Board, you file a Notice of Appeal within 20 days of the judge’s order. This is a simple form you can find on the Workers’ Comp website, and it can even be filed electronically or via e-mail in many cases.
Appeals to the Commonwealth Court
Appealing to the Commonwealth Court requires filing a different Notice of Appeal with the court itself. These papers go to the prothonotary of the Commonwealth Court.
Appeals to the Supreme Court
When appealing to the Pennsylvania Supreme Court, you file a Petition for Allowance of Appeal, and the Supreme Court decides whether or not to hear your appeal. If the case was decided correctly below or there are no questions of law the Court thinks they need to review, the Pennsylvania Supreme Court can actually say no to an appeal.
Petition Seeking Approval of a Compromise and Release
When you make an agreement with the other side to settle your case, you usually sign a Compromise and Release Agreement. The Workers’ Comp Judge needs to approve these claims and go through some procedural steps, so there needs to be a petition to get the agreement before a judge.
How Do I File a Petition in a Workers’ Compensation Case?
Many of the Workers’ Comp petitions you might want to file are forms that you can find online and file with the state to get your case placed before a Workers’ Comp Judge.
Forms
In some cases, the forms are somewhat straightforward. For example, the Claim Petition form is only two pages long and asks questions you might be able to answer on your own, such as when the accident happened. However, you should never try to file a petition on your own.
Work with a Lawyer
You should always have a lawyer handle these petitions for a few reasons.
First, there are complex questions and facts that you might not understand at first glance, such as
- The distinction between partial and full disability
- How to calculate average weekly wages, and
- What constitutes a “work-related” injury.
At best, a mistake might simply mean losing your claim; at worst, it might mean being accused of fraud.
Additionally, our lawyers have the experience and resources to deal with other aspects of your case, such as the need for depositions, medical exams, and other evidence collection, so you should never try to handle the case on your own.
How Do I Know if a Petition Has Been Filed Against Me in Pennsylvania Workers’ Comp Cases?
If your employer is trying to stop or deny your benefits, they will have to file a petition and take the proper steps to do so, and the Workers’ Comp system will notify you of the petition filed against you.
Assignment of Petition to a Workers’ Compensation Judge
This usually comes in the form of a document called “Assignment of Petition to a Workers’ Compensation Judge,” which tells you that a petition was filed and handed over to a judge, and it tells you which specific judge will be handling the case.
Notice of Hearing
After that, you may get a Notice of Hearing, which says when the case is scheduled to go before the judge.
Call a Lawyer
If you receive one of these letters, call a lawyer right away to make sure that you can build a proper defense and get legal help at the hearing or in your response/defense to the petition.
FAQs for Petitions in Workers’ Comp Cases
What Does a Workers’ Comp Petition Look Like?
Most of the petitions in Workers’ Comp are forms the government puts out, but the details usually do not fit on those papers. Instead, our lawyers will typically attach exhibits, evidence, and additional papers to these forms to give the court all of the information needed.
What Court Accepts Petitions?
Petitions for Workers’ Comp go to the Department of Labor and Industry’s Workers’ Compensation Office of Adjudication, and they assign petitions to Workers’ Comp Judges. These Judges then act as referees on these claims and decide the issues presented.
How Long Do I Have to File a Petition?
The length of time to file a petition varies depending on the petition and the circumstances. Your initial Claim Petition usually must be filed within 3 years of the injury.
Is a Claim Petition the Same as a Lawsuit?
No, Workers’ Comp Claim Petitions are not lawsuits. They are special filings for Workers’ Comp, and they go to the Workers’ Comp Office of Adjudication instead of a Court of Common Pleas. These Petitions are also decided by a judge alone, while lawsuits can be decided by juries.
How Do I Know Which Petition to File?
You should never be filing a Workers’ Comp petition on your own. Always have a Certified Pennsylvania Workers’ Compensation Specialist prepare these filings for you and handle any business before a Workers’ Comp Judge so you do not risk procedural mistakes that could hurt your case.
How Quickly is a Petition Decided?
The length of time it takes to resolve the issues in a petition will depend on the petition. Claim Petitions often take around 3 months to resolve, while other petitions are designed to be handled on a quicker schedule.
When Do I File a Petition with Workers’ Comp?
Your initial Claim Petition is filed after your initial claim with your employer is denied. After that, various petitions are filed as the need arises.
Do Both Sides File Petitions?
Not every case will require petitions from both sides. Workers’ Comp petitions are only filed when there is an issue the WCJ needs to resolve.
Can I File a Petition After Settlement?
A settlement typically ends your claim and releases the employer from any further liability for the issue. Because of this, it is difficult to review any settlements, except where there are substantive mistakes that both parties made or other rare issues like coercion or threats.
Call Our Workers’ Comp Attorneys in Pennsylvania Today
For a free case evaluation, contact Cardamone Law’s Philadelphia Workers’ Comp lawyers right away at (267) 651-7945.
