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Will The Judge Make A Decision At My First Pennsylvania Workers’ Compensation 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.

I am available 7 days a week for a free consult. I am one of approximately 75 attorneys across the entire State of Pennsylvania, who represents injured workers and who is a Certified Specialist in Pennsylvania Workers’ Compensation. I don’t dabble in many types of cases like most attorneys- I only handle Pennsylvania Work Comp cases for injured workers.

Free Consults, The Cardamone Law Firm 215-206-9068 or email Michael@CardamoneLaw.com

Awards & Recognitions

Pennsylvania Workmans Comp Attorney
Philadelphia Workmans Comp Lawyer

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

$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
$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