How Do Workers’ Compensation Appeals Work?
A workers’ compensation appeal allows an injured worker or employer to challenge a decision made by a Workers’ Compensation Judge. In Pennsylvania, appeals must be filed within strict deadlines and are typically based on legal errors, unsupported findings, or other issues with the judge’s decision.
Can You Appeal a Workers’ Compensation Decision?
Yes. Both injured workers and employers have the right to appeal certain workers’ compensation decisions.
After a hearing, the Workers’ Compensation Judge issues a written Decision and Order that includes findings of fact and conclusions of law. If either party believes the decision was incorrect, they may file an appeal.
However, simply disagreeing with the outcome is not enough. Appeals must generally be based on specific legal grounds.
Reasons a Workers’ Compensation Decision May Be Appealed
Common reasons for appealing a workers’ compensation decision include:
- The judge made an error of law
- The findings of fact are not supported by sufficient evidence
- The decision does not comply with the Pennsylvania Workers’ Compensation Act
- The judge failed to adequately explain the basis for the decision
- The findings were affected by fraud, coercion, or improper conduct
An experienced workers’ compensation attorney can evaluate whether valid grounds for an appeal exist.
The Workers’ Compensation Appeal Board (WCAB)
The first level of appeal is the Workers’ Compensation Appeal Board.
A party seeking review must generally file an appeal within 20 days of the Workers’ Compensation Judge’s decision.
The appeal must clearly identify the issues being challenged. Issues not properly raised may be waived and cannot be argued later.
After the appeal is filed, both sides may submit written briefs and present arguments to the Board.
What Can the Appeal Board Do?
The Workers’ Compensation Appeal Board reviews the record created before the Workers’ Compensation Judge.
In most cases, the Board cannot consider new evidence or new witness testimony.
After reviewing the case, the Board may:
- Affirm the judge’s decision
- Reverse the decision
- Modify the decision
- Remand the case for additional proceedings
Because the Workers’ Compensation Judge directly heard the testimony and evaluated witness credibility, the Board generally gives significant deference to those findings.
Appealing to the Commonwealth Court of Pennsylvania
If a party disagrees with the Appeal Board’s decision, they may appeal to the Commonwealth Court of Pennsylvania.
An appeal to the Commonwealth Court must generally be filed within 30 days of the Appeal Board’s decision.
The Commonwealth Court reviews legal issues and determines whether the Appeal Board properly applied Pennsylvania workers’ compensation law.
Can a Workers’ Compensation Case Reach the Pennsylvania Supreme Court?
Yes, although it is relatively uncommon.
After a Commonwealth Court decision, a party may file a Petition for Allowance of Appeal with the Pennsylvania Supreme Court.
Unlike lower appeals, the Supreme Court chooses which cases it will review. The Court typically accepts cases involving significant legal questions or issues of statewide importance.
If the Pennsylvania Supreme Court declines to hear the case, the Commonwealth Court’s decision becomes final.
Why Having a Workers’ Compensation Attorney Matters
Workers’ compensation appeals involve strict filing deadlines, detailed legal arguments, and complex procedural rules.
Missing a deadline or failing to properly preserve issues for appeal can jeopardize your rights. An experienced Pennsylvania workers’ compensation lawyer can evaluate the decision, identify potential grounds for appeal, and guide you through the process.
Talk to a Pennsylvania Workers’ Compensation Lawyer
If your workers’ compensation claim was denied or you received an unfavorable decision from a Workers’ Compensation Judge, you may still have options.
At Stern & Cohen, our Pennsylvania workers’ compensation attorneys help injured workers navigate the appeals process and protect their rights at every stage of a claim.
Contact Stern & Cohen today for a free consultation.
FAQs
How long do I have to appeal a workers' compensation decision in Pennsylvania?
In most cases, you must file an appeal with the Workers’ Compensation Appeal Board within 20 days of the Workers’ Compensation Judge’s decision.
Can I submit new evidence during a workers' compensation appeal?
Generally, no. The Appeal Board typically reviews the evidence that was presented during the original litigation and does not consider new evidence.
What happens if my workers' compensation claim is denied?
If your claim is denied by a Workers’ Compensation Judge, you may have the right to appeal the decision to the Workers’ Compensation Appeal Board and potentially to higher courts.
Should I hire a lawyer for a workers' compensation appeal?
Appeals involve strict deadlines and complex legal issues. An experienced workers’ compensation attorney can evaluate the decision, identify appealable issues, and protect your rights throughout the process.
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