Supersedeas is the employer or insurer’s request to reduce or eliminate indemnity (wage loss) benefits based on an allegation of a full recovery or an earning power. The request is made in the Petition to Terminate, Suspend, or Modify. The injured worker is allowed to rebut the request for Supersedeas. If you are an injured worker and do not have an experienced PA Work Injury Lawyer, you should contact me right away. Winning the Supersedeas is critical because if it is Granted- ie, if the Judge grants Supersedeas, that means your checks will be reduced or eliminated based on the evidence presented at the first hearing. If Supersedeas is Denied, then the insurer has to keep paying at the rate there were paying before the petition was filed.
Supersedeas under the Pennsylvania Workers’ Compensation Law will not affect your medical benefits. Supersedeas only affects the wage loss portion of a Pennsylvania Work Comp case.
Litigation in a Pennsylvania Workers’ Compensation case can take up to a year or more. The Supersedeas Decision from a Work Comp Judge will happen soon after the initial hearing. Winning Supersedeas is really important and should not be taken lightly. The Supersedeas Decision from the PA Work Comp Judge is an Interlocutory Order– this means it is not subject to appeal like a final order on the merits of a case.
If a Petition to Terminate, Suspend, or Modify has been filed against you, call or email me for a quick and free consult. Your odds are defeating the workers’ compensation carrier are increased greatly if you have a certified work comp specialist working on your behalf.
For more info about Pennsylvania Work Comp Supersedeas or for a free consult, call Attorney Michael Cardamone at 215-206-9068 or email Michael@cardamonelaw.com
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