Legal Question in Workers Comp in Pennsylvania

Supersedeas

Can a WCJ grant supersedeas to an employer without ever having a hearing? Employer filed 2 petitions to suspend compensation and benefits based on an IME that their Dr. did. I was in this Dr.'s office for a total of 5 MINS. My Dr. would not return me to work and could not figure out what was wrong with me so he sent me to another Dr. who ordered an arthrogram MRI which shows I have a Labral Tear in my left hip which is why I have severe pain in my left groin and I need surgery to repair it. The same day I found this out the WCJ took away my compensation and benefits WITHOUT ever having a hearing! Where are my rights? What happened to my day in court? I don't understand how the WCJ can rule on this without having one hearing. I read on here that I can ask for reconsideration with new evidence. How do I go about doing that? Do I need a lawyer,or can I do this myself? The supersedeas letter from the WCJ states: Employee Witnesses & Exhibits: None ; Employer Witnesses & Exhibits: None ; Hearings: blank. I submitted all my medical documents to him. WCJ states my documents are less than persuasive but it doesn't appear like he considered them.I haven't sent him these new findings because I don't know how or what court forms to use.Thanx


Asked on 8/07/07, 1:26 pm

2 Answers from Attorneys
Brian Malkin Malone Middleman, PC

Re: Supersedeas

Typically supersedeas is not granted until a hearing. Nevertheless, it would appear that you submitted medical evidence but the Judge did not find it persuasive. If the Employer requested a special supersedeas pursuant to Section 413(A)(2), the WCJ had to issue a supersedeas ruling within so many days of the filing of the petition. You need to get a lawyer. You may think it is obvious but it workers' compensation is very complex and the lawyers are very skilled. Good luck.

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Answered on 8/07/07, 1:55 pm
John Gibson John W. Gibson, Esquire

Re: Supersedeas

I agree with Mr. Middleman that you need to hire an attorney. He will get an updated report from your doctor and submit it to the WCJ. It sounds to me like your Doctor needed further tests to determine what was wrong and so his earlier reports didn't include the "magic words" (reasonable degree of medical certainty).

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Answered on 8/10/07, 9:37 am


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