Close
No Recovery No Fee Guaranteed

Tag: Pennsylvania Workers’ Compensation Appeal

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:

Supersedeas on PA Workers
Image Source: freepik.com/freepik

§ 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

  1. they are not likely to prevail on the merits,
  2. that they will not suffer irreparable injury if Supsersedeas is denied,
  3. that a stay will substantially harm our client, and
  4. 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.

Awards & Recognitions

Philadelphia workers comp lawyer
Philadelphia workmans comp lawyer
Bucks County workers comp lawyer
best workmans comp lawyer philadelphia
Philadelphia Workmans Comp Lawyer
Top 10 Attorneys Award Pennsylvania workers' comp lawyer
Philadelphia workmans comp lawyer
Philadelphia workers compensation lawyer
best bucks county workmans comp lawyer
Avvo Rating 10.0 Philadelphia workers' comp lawyer
Workmans comp lawyer
best workmans comp attorney
best Philly workmans comp lawyer
Bucks county workmans comp lawyer
best Philadelphia workmans comp lawyer

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

$6 Million
We Assisted Another Firm in Reaching Settlement
$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
$6 Million
We Assisted Another Firm in Reaching Settlement
$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