What Happens at a Workers’ Comp Hearing in Pennsylvania?

Going to court can be very different from case to case.  Any time you need to take a legal issue before a judge, the actual questions that need to be answered can vary greatly, changing how much time is needed, what evidence and testimony is needed, and what ultimate decisions are to be made.  Workers’ Comp hearings are no different, with cases taking anywhere from a few minutes to a few days, depending on the issues at hand.

In a hearing, a Workers’ Comp Judge presides with no jury.  Depending on the purpose of the hearing and what needs to be decided, the lawyers for each side might submit briefs or arguments, they might put on witnesses and testimony, or they might merely submit depositions, reports, and evidence for review.  In the simplest of cases, the judge might simply accept the documents and end the hearing.  Some hearings are done just to approve settlements and make sure the worker knows what they are agreeing to.

For help with your Workers’ Comp hearing, reach out to the Certified Pennsylvania Workers’ Comp Lawyers at Cardamone Law by calling (267) 651-7945.

Purpose of Various Workers’ Comp Hearings in Pennsylvania

When your case needs to go before a Workers’ Comp Judge, the purpose of the hearing is going to greatly affect how long it takes, what needs to be accomplished at the hearing, and what our Pennsylvania Workers’ Comp attorneys will do for you at the hearing.

Claim Petition Hearings

Hearings for Claim Petitions generally require the judge to decide whether a claim is valid.  There may be stipulations and facts already agreed upon by both sides, potentially reducing the number of questions the judge needs to answer.  Even so, these hearings generally need to see the judge make a determination as to whether the injury was work-related and whether the worker is injured enough not to be able to return to work.

At the end of the hearing, the judge should be able to make a determination as to whether or not the claim should be accepted and paid.  If it is payable, the judge can order the employer/insurance carrier to pay the injured worker’s benefits.

Hearings on Petitions to Modify/Suspend/Terminate Benefits

Sometimes the filing that gets your case to a hearing is actually made by the employer.  After benefits have already started, your employer can seek to end your benefits, change them, or pause them temporarily.  This petition might come early on in the case after your employer agrees to temporarily pay benefits, it may come soon after another Claim Petition hearing, or it could come years after your initial claim.

Petitions to Terminate are often filed by employers who think they’ve found grounds to cut you off of benefits or who have received negative reports from independent examinations of your disability or medical condition.  Often Petitions to Modify attempt to put you down to partial benefits after a determination that you are only partially disabled, and the hearing will often heavily focus on your disability status and the medical evidence needed to show your status.

Hearings on Petitions to Reinstate Benefits

If you previously lost on a Petition to Terminate or Modify, you may actually be able to get your benefits back.  This often happens well after an initial hearing and after a second hearing on the termination petition to workers whose condition might have improved and kicked them down to partial benefits, only to get worse again later.  This is quite common with work-related cancer or other long-term disabilities, and the goal at this hearing is to get you back on total disability benefits or to otherwise restart your wage-loss benefits by showing your disability got worse again.

Hearings on Petition for Penalties

If your employer does something wrong in the process and tries to skirt the law, we can seek penalties against them, and part of the hearing will be devoted to proving that what they did is worth punishing them for, getting you additional money for the trouble.

Compromise and Release Hearings

When parties agree to settle a Workers’ Comp case, it is often done through a “Compromise and Release” agreement.  Both parties need to sign the agreement, but Workers’ Comp Judges will often hold hearings to make sure that the worker knows what they are agreeing to and understands that they are signing away the right to potential additional benefits down the line in order to settle the case now.  These hearings can be quite quick, as your attorneys usually explain all of this to you in advance.

Who is Involved in a Workers’ Comp Hearing in Pennsylvania

The main players in a Workers’ Comp hearing might change depending on the specific case, but all of the following people might be involved.

First, the core players are always going to be the two parties consisting of you and your lawyer and the employer, along with their insurance carrier and any lawyers representing them.  Technically, you can go to a hearing without a lawyer, but that would require you to act as your own lawyer and might hurt your case if you are not financially leveraged to pay for depositions, medical evidence, and more.

Second, the case will be heard by an administrative law judge called a Workers’ Comp Judge.  This is not a “normal” judge who hears all kinds of criminal and civil cases; their whole job is to hear Workers’ Comp cases, making them quite practiced in these roles.

Third, some cases might require witnesses and experts.  These people can often testify ahead of time in depositions and submit reports rather than appearing in person, but sometimes the judge will require live testimony at the hearing.

Otherwise, most hearings will involve some representative from the employer to testify or explain what happened, and you will often be put on the stand to explain your injury, its effects on your ability to work, and other issues.  Many issues and evidence are otherwise presented by the lawyers for argument without testimony, or they are submitted in document form for the judge to review outside of the hearing.

What is the Dress Code for the Hearing?

Do you need to dress up?

You should look respectable. That’s the bottom line. You are not required to wear a dress if you are a lady or a suit if you are a man. But showing up to Court in jean shorts or a tank top is not advised.

How Long Does a Workers’ Comp Hearing Take?

It simply depends. Sounds like a lawyer answer for sure, huh? It’s true. Some hearings are just quick status hearings for the attorneys. Others involve testimony and can take up to, or over, one hour in duration. Work Comp cases are dynamic and as things change in a case, the nature of what happens at a hearing, can also change.

Will the Hearing be Recorded?

Some Judges may not make a record if it’s just a quick update. Other Judges like to go on the record for every case, no matter what’s occurring. There will be a stenographer there, taking down each word that is said and a transcript can be requested.

Will the Judge Make a Decision at the Hearing?

Generally speaking, the answer is NO.

If your claim was denied by the Employer/Insurer, then you will be litigating what’s called a Claim Petition before a Pennsylvania Workers’ Compensation Judge. The judge, in this context, does not make any Decision at the first hearing. Most judges will hear the injured worker’s testimony at the first hearing, although some judges hold a “Pre-Trial” where they simply confer with the attorneys about the landscape of the case and evidentiary matters. After the first hearing, most judges will follow the Special Rules and allow each side 90 days to present their medical and factual evidence. That accounts for 6 months between both sides and doesn’t include possible extensions as a result of the unavailability or scheduling conflict of witnesses. After the record closes, the parties have to submit written arguments, called Briefs. The workers’ compensation judges will usually allow approximately 90 days or so for these to be submitted after the record closes. Then, it’s a waiting game for the Decision to arrive in the mail- that can take a few weeks to several months depending on the judge’s case load.

If you are already receiving Pennsylvania Workers’ Compensation benefits, your first hearing is likely to be a Supersedeas Hearing after the Employer/Insurer has filed a Petition to Terminate, Suspend, or Modify benefits. Even at these hearings, the judges do not make any Decisions. They will issue an Interlocutory Order within a few weeks of the Supersedeas Hearing, which is an Order that is not subject to appeal, and it will advise the parties as to whether the wage loss benefits will continue as the rest of the litigation unfolds. Supersedeas can be a tricky concept so feel free to call me for further explanation as it applies to your case.

It can be extremely frustrating for an injured worker to comprehend how long the litigation process takes. There are many reasons why it takes this long. First, in the United States, we are lucky to have Due Process- the right to be heard. Both sides- that is, the injured worker and the Employer, have the right to present evidence supporting their respective positions. Second, Pennsylvania Workers’ Compensation is a high volume area of the law with many cases and only so many judges to hear them. Third, it is not easy obtaining deposition dates from a doctor when trying to coordinate it with the busy schedules of two or more attorneys, a court reporter, etc. These are just some of the reasons why it can take a year or more to reach a conclusion in a PA Work Comp case. Remember, however, that the majority of cases will settle. The settlements can be effectuated by a Compromise & Release- a “global” settlement if you will, or by a Stipulation, or even by a Supplemental Agreement.

The key for injured workers is cash flow. If your claim was denied, and if the litigation can take up to a year to resolve, finding a way to survive financially is paramount. A few options to look into are: short and long term disability, unemployment compensation, and social security disability. I will be happy to discuss how to apply for these benefits and what impact, if any, the receipt of such benefits will have on your case.

Call Our Workers’ Comp Lawyers in Pennsylvania Today

For a free review of your case, call our Pennsylvania Workers’ Compensation attorneys at Cardamone Law at (267) 651-7945.