What does a request for Supersedeas mean in a Pennsylvania Work Comp case?
It means the insurer/employer is requesting to reduce or eliminate your wage loss checks based on evidence of an earning power- usually after an Independent Medical Exam is performed. You will see this request on a Petition to Terminate (alleging a recovery), a Petition to Suspend (alleging no loss of earning power), or a Petition to Modify (alleging some earning power).
According to 42 Pa.C.S. § 702(c), “Supersedeas provides that, except as otherwise prescribed by general rule, a petition for permission to appeal under that section shall not stay the proceedings before the trial court or other government unit, unless the trial court or other government unit or the appellate court or a judge thereof shall so order.”
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If you don’t already have a Pennsylvania Work Comp Attorney, you should call us right away. Supersedeas is a CRITICAL part of a PA Work Comp case because if you don’t win that first part of the case, your checks can be reduced or stopped as the litigation takes place- and that can take up to a year or more sometimes.
Supersedeas in PA workers’ compensation laws is a fancy way of saying the insurer wants to cut off, or reduce your checks, in most circumstances. It is a red flag to get lawyered up quickly! Check out how Cardamone Law firm wins several supersedeas cases for injured workers in Pennsylvania.
For more info about Pennsylvania Work Comp Supersedeas, call us or email (215) 206-9068 or Michael@Cardamonelaw.com – We have the best PA Workers’ compensation attorneys who will look into your supersedeas cases and offer you the best possible advice and solution.
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Injured workers in Pennsylvania are often sent a Notice of Ability to Return to Work in a workers’ compensation case. What does this mean? Is it a job offer? Do you have to return to work immediately if you have received a Notice of Ability to Return to Work? We have covered all that and more in today’s article.
What is Notice of Ability To Return To Work?
Pennsylvania Work Comp Notice of Ability to Return to Work is sent whenever a doctor, whether yours, or an Independent Medical Doctor, claims you have some ability to work, whether full duty or with restrictions. They are required to send out this notice promptly to the injured worker, according to the PA Workers’ Compensation Law.
Is Notice of Ability To Return To Work A Job Offer?
Image Source: PA Department of Labor & Industry
Many injured workers believe that this Notice of Ability To Return to Work is a job offer- it is not! It’s just what it says- a Notice stating that some doctor opines that you can work- in some capacity.
A lot of injured workers also worry that the Notice of Ability To Return To Work means you have to get back to work in a PA work comp case even if your own physician tells you otherwise. We have answered that question in detail in another post here: Do I Have To Return To Work If I Get A Notice Of Ability To Return To Work In A Pennsylvania Work Comp Case?
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However, it is often the beginning of litigation where an insurer/employer is challenging your benefits. So, if you receive a Notice of Ability to Return to Work, you should call a Certified Pennsylvania Work Comp Lawyer right away, to get your case strategy set. Work Comp for injured workers is all we do.
Contact Cardamone!
For more info about a Notice of Ability to Return to Work, or Pennsylvania Work Comp Law in general, call Cardamone Law, the leading workers’ compensation firm in PA, 7 days a week at 215-206-9068 or email Michael@Cardamonelaw.com