Supersedeas is the employer or insurer’s request to reduce or eliminate indemnity (wage loss) benefits based on an allegation of a full recovery or an earning power. The request is made in the Petition to Terminate, Suspend, or Modify. The injured worker is allowed to rebut the request for Supersedeas. If you are an injured worker and do not have an experienced PA Work Injury Lawyer, you should contact me right away. Winning the Supersedeas is critical because if it is Granted- i.e., if the Judge grants Supersedeas, that means your checks will be reduced or eliminated based on the evidence presented at the first hearing. If Supersedeas is Denied, then the insurer has to keep paying at the rate there were paying before the petition was filed.
Supersedeas under the Pennsylvania Workers’ Compensation Law will not affect your medical benefits. Supersedeas only affects the wage loss portion of a Pennsylvania Work Comp case.
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.
If a Petition to Terminate, Suspend, or Modify has been filed against you, call or email me for a quick and free consult. Your odds are defeating the workers’ compensation carrier are increased greatly if you have a certified work comp specialist working on your behalf.
For more info about Pennsylvania Work Comp Supersedeas or for a free consult, call Attorney Michael Cardamone at 215-206-9068 or email Michael@cardamonelaw.com
Representing Injured Workers Across Pennsylvania
The Cardamone Law Firm, LLC
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It is a request by the insurance company to cut off/supersede your indemnity (wage loss) benefits.
You may see a Supersedeas request when a Termination/Modification/Suspension Petition is filed against you. If you are not receiving wage loss benefits, then there is nothing to supersede so Supersedeas doesn’t apply.
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. If you do not have a Certified Work Comp Specialist like myself, fighting for you, you are taking a big risk. The Cardamone Law Firm is here to help so you can have an income stream during the litigation.
For more information about this often misunderstood topic, please call me at 215-206-9068 or email me at Michael@cardamonelaw.com
Available 7 days a week to help you. All consults are absolutely free of charge.
Pennsylvania Workers’ Comp
Michael W. Cardamone, Esquire
The Cardamone Law Firm-The Firm For Injured Workers In Pennsylvania