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I received a modified decision from the workers comp appeal board. Can I appeal their decision?
Anonymous7 views5 answers
I received a modified decision from the workers comp appeal board. The appeal board agreed on all of the WCJ's rulings except for the termination date. The employer illegally stopped my benefits and the WCJ ordered the employer to pay through the date the order was issued because my payments would not have stopped until she ordered them to stop or unless the employer had a valid reason to do so. The appeal board said payments should have stopped at the termination date and not when the order was issued. I disagree. Can I appeal this? Please help & advise.
There are many variables to your case even with the details you have provided. Your appeal from the decision of the WCAB would be to the Commonwealth Court of Pa. The process of this appeal is much more intricate than the previous appeal to the WCAB. You should be addressing this question to your attorney. If you do not have one, then it is advised that you seek the counsel of a Certified Specialist in Pa Workers' Compensation Law. Most lawyers would review your case with an initial consultation free of charge.
Yes, you have the right to timely appeal from any decision from the WCAB. As a practical matter, It is not likely to change the amount of money you have already been paid. However, without more facts, it is difficult to answer your question with certainty. You should really discuss an appeal with your attorney if you have one. He/she knows your case best and is the attorney you should direct these questions to.
Good luck!
Lawrence R. ChabanWorkers' Compensation LawyerPittsburgh, PA ·
Your next appeal would be to Commonwealth Court on this issue. But I presume you have an attorney given that the case is at the WCAB. You should consult with your attorney on this issue.
The requirements of an appeal to Commonwealth Court are exacting. The court has dismissed pro se (non-lawyer) appeals when the rules for an appeal are not met. In particular, you have 30 days from the WCAB decision to file a Petition for Review with Commonwealth Court. After that point there is a brief and record that must be submitted. If you do not have an attorney I strongly recommend you consult with a certified workers' compensation specialist about filing the Petition for Review.
Geoffrey HillsbergWorkers' Compensation LawyerMedia, PA ·
The next appeal would be to the Commonwealth Court of PA. This is complicated and time consuming. YOu really should be discussing this with your attorney. If your attorney does not want to appeal, there may be a good reason.
It is difficult to answer your question without the benefit of the Board's opinion and order as well the WCJ decision. Generally speaking, you have a month to file an appeal from from a Board opinion to the PA Commonwealth Court which is the intermediate appellate court in PA that handles appeals from all government agency decisions. The Commonwealth Court, historically, affirms the Board 7 to 8 times out of 10 so a successful appeal to the Commonwealth Court is never easy. To be successful, one must be arguing that a true legal error (as opposed to a disagreement over credibility) was made by the Board and/or the WCJ. You really need to have a lawyer review the record of the proceeding before the WCJ and the Board to give you a solid opinion as to your likelihood of success appealing to the Commonwealth Court.
