What Does a Workers’ Compensation Judge Do?

Workers’ Compensation cases do not start out in open court like other injury lawsuits.  Instead, they go before specialized judges appointed through special courts organized for the sole purpose of deciding Workers’ Comp cases.  These Workers’ Comp Judges have a central role in deciding how these cases move forward and what happens to the case as time moves on.

Workers’ Comp Judges (WCJs) hear petitions for various parts of a Workers’ Comp case, from the initial claim petition to petitions to terminate or modify benefits later.  At any stage of the case where the parties cannot come to terms on their own, a Workers’ Comp Judge is the one who makes the decisions on facts, acting in place of a jury.  Their legal decisions are also reviewable, though; if there are any issues with the case, it can be appealed.

For a free review of your Workers’ Comp case, call the Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law at (267) 651-7945 today.

What Role Do Workers’ Comp Judges Play in a Pennsylvania Workers’ Comp Claim?

The WCJ on your case is going to have a lot of authority to decide what happens and who is right/wrong, legally speaking.  There are many roles they play, but the major roles are as follows:

Deciding Facts

If a case is in dispute and the injured worker and the employer/insurance carrier cannot agree on facts, the WCJ is the one to decide the facts, not a jury.  For example, Workers’ Comp claims can only be paid if the injury happened in the course of the worker’s job duties, so if the injured worker says yeah, the accident was work-related, and the insurance carrier says no, we think you got hurt a week ago and are trying to pass it off as a work injury, the Workers’ Comp Judge is the one who decides which side is correct.

They also decide other major issues, such as whether a treatment is necessary and should be covered by the insurance carrier, whether an injury is disabling and the worker is unable to return to work, etc.  They will typically be given expert reports and testimony from both sides urging the WCJ to accept certain facts and expert opinions, but it is usually the judge’s final call.

Granting/Denying Petitions

The WCJ also has the legal authority to hear petitions and decide what to do with them.  Often, petitions are filed with a WCJ to get the Workers’ Comp claim granted, to terminate ongoing benefits, to modify or reduce benefits, to re-open closed claims, etc.  These cases go to a WCJ rather than going to a Court of Common Pleas judge, which is where injury lawsuits typically go.

Managing Cases

WCJs are also tasked with managing the docket before them, giving them the authority to schedule hearings, move court dates, and request additional evidence and hearings from both parties.

Overseeing Settlement Agreements

WCJs often have to sign off on a settlement agreement before it can take legal effect.  When an insurance carrier and the injured worker agree to a settlement, the judge will want to hold a (typically brief) hearing to make sure that the victim’s Pennsylvania Workers’ Comp lawyers have properly explained the worker’s rights and what legal effect the settlement will have.  Typically, settlements are the absolute end of a case, and you give up your right to appeal or re-open the case, as well as your right to claim any additional medical care or lost-wage coverage, so WCJs usually want to make doubly sure that the worker understands this before allowing them to sign an agreement.

Determining Attorney’s Fees

WCJs often have leeway to grant attorney’s fees and limit how much a lawyer can claim as reasonable fees for their services.  Depending on how the money ultimately gets paid to you, the judge will have to approve the fees.  If the defendant insurance carrier/employer had an unreasonable basis for denying your original claim, the judge can also order them to pay your attorney’s fees.

How Are Workers’ Comp Judges Selected/Appointed in Pennsylvania?

In Pennsylvania, we typically elect judges to the Court of Common Pleas, Superior Court, the Commonwealth Court, and the Pennsylvania Supreme Court.  WCJs are a different type of judge altogether, and their limited jurisdiction over Workers’ Comp cases means that they are not elected in the usual manner.

Instead, the Workers’ Compensation Office of Adjudication is a part of the Pennsylvania Department of Labor and Industry, established by law to oversee Workers’ Comp claims and decide how these cases are resolved.  This Office, in conjunction with the Secretary of Labor and Industry, appoints WCJs.  There is a code of ethics they have to follow, and they can typically only be removed for cause, insulating them from being partisan appointments.

By law, WCJs have to meet the job qualifications of being attorneys in good standing, having 5 years experience in Workers’ Comp cases, completing certain training and exams, meeting ongoing “professional development requirement[s],” and meeting any other requirements included by the Secretary of Labor and Industry.

Who Reviews Bad Workers’ Comp Judge Decisions?

If the WCJ’s decisions are not to your liking or we think the WCJ violated various laws, misinterpreted the law, or otherwise made mistakes in how they handled your case, the claim does not stop with the judge.  Decisions by Workers’ Comp Judges are reviewable by the Workers’ Compensation Appeals Board (WCAB).  Appeals can be made to the WCAB within 20 days of the WCJ’s order if you have grounds to appeal.

From there, if the WCAB makes a decision that would change the outcome, they can order the changes put in place and send the case back to the judge to carry out their decision.  Often, these decisions involve interpreting rules and statutes that might not have case law on point.

If the WCAB’s decision is also wrong, you can appeal again to the Commonwealth Court – an intermediate appeals court full of elected judges.  Then, from there, you can appeal to the Pennsylvania Supreme Court – also elected.

Call Our Workers’ Comp Lawyers in Pennsylvania for Help

If you have to take a Workers’ Comp case before a WCJ, call Cardamone Law’s Philadelphia Workers’ Comp lawyers at (267) 651-7945.