Absolutely. You need to be careful about the timing of your appeal, and you want to make sure you have an attorney representing you, to maximize your chances. It is not easy to overturn a Decision from a Workers’ Compensation Judge in Pennsylvania, because it is solely within the WCJ’s discretion to fact find, and if the facts as found by the WCJ (the original Judge in your case) rest on competent evidence, the Appeal Board may not disturb them. In other words, if there is substantial, competent evidence supporting the findings, then it is quite unlikely the finidng will be overturned- even if there is evidence supporting the finding that you wanted the Judge to make.
On appeal, the Appeal Board can reverse the WCJ Decision, can affirm it, can affirm in part, and can remand the case back to the WCJ for additional findings. (these are just some of the options).
Appeals can be orally argued before the Appeal Board, or you can simply submit your written arguments. Normally, the moving/appealing party must submit their brief/written argument at the WCAB hearing, or sometimes within 30 days of that hearing if granted permission.
For questions about your case, always feel free to call or email me (no costs) at 215-206-9068 or Michael@cardamonelaw.com
Michael W. Cardamone- Fighting For Injured Workers In Pennsylvania
The Cardamone Law Firm- The Firm For Injured Workers In Pennsylvania
