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. Here is the relevant section of the Pennsylvania Code that applies:
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§ 111.21. Content and Form
- A request for supersedeas shall be filed as a separate petition from the appeal and be accompanied by the following:
- A copy of the decision and order of the judge or order and opinion of the Board from which the supersedeas is requested.
- A short statement setting forth reasons and bases for the request for supersedeas.
- A specific statement as to the issues of law, if any, involved in the underlying appeal.
- Information on the current employment status of the claimant, if known.
- The court, if any, to which an appeal from the Board decision has been taken.
- Other relevant information for the Board’s consideration in determining whether the supersedeas request meets the following standards:
- The petitioner makes a strong showing that it is likely to prevail on the merits.
- The petitioner shows that, without the requested relief, it will suffer irreparable injury.
- The issuance of a stay will not substantially harm other interested parties in the proceeding.
- The issuance of a stay will not adversely affect the public interest.
- A proof of service as specified in § 111.12(e) (relating to filing, service, and proof of service), insofar as applicable.
- Requests for supersedeas shall be served on all parties.
- Subsections (a) and (b) supersede 1 Pa. Code § § 35.1, 35.2, 35.17, 35.190 and 35.225.
What Will Our Work Comp Attorneys Do
As your appointed 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.
Make sure you have an experienced Pennsylvania Workers’ Compensation Lawyer (not a general practitioner) to help you navigate our complex system.