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The Claim Petition Process in Pennsylvania Workers’ Compensation Is Too Slow.

Having spent over a decade litigating Pennsylvania Workers’ Compensation cases, I have to say that the system is quite fair overall. Both injured workers and employers/insurers have due process- the ability to be heard, the ability to present evidence, and to receive a “reasoned” decision from a Workers’ Compensation Judge.

However, when an injured worker in Pennsylvania has her claim denied at the outset- that is, within 21 days from the date of notice, (at least, theoretically, as we practitioners know that many claims are not accepted or denied within the 21 day requirement), she must file a Claim Petition- even if the denial is unfounded or simply filed to avoid payment. The case then gets set for a series of hearings, a period of six months for medical depositions, and then several months for the written arguments and a decision from the presiding WCJ. This process often takes approximately 12 months. In the meantime, the injured worker is without her wage loss and medical benefits, and forced to live on unemployment compensation, or other available benefits such as short or long- term disability. Frequently, an injured worker whose claim has been denied, has to dip into their life -long savings, just to provide food and shelter for her family. Sometimes, the injured worker has no job to return to, as employers will eliminate the position, terminate the injured worker, or fail to provide work within the doctor’s restrictions.

The effects of this long process are devastating to injured workers in Pennsylvania. Credit is irreparably damaged, savings are exhausted, houses are lost, and stress levels go through the roof- exacerbating the disability, and often causing additional mental problems such as anxiety and depression.

We could speed up this process by instituting a preliminary hearing– similar to our criminal law system, whereby an injured worker in Pennsylvania would have to present a “prima facie” case- perhaps within 30 days of the initial filing, demonstrating vis- a -vis testimony and medical reports, that a work injury and a commensurate disability has occurred. If proven, two thirds of the wage loss and medical benefits would commence, plus statutory interest. If denied, then the case proceeds onto the merits with depositions and full testimony from the relevant witnesses. If the prima facie case is met, the employers would still have the right to defend the case on the merits through the usual process. If the prima facie case is met, but then reversed in the final, written decision, the employers/insurers could seek reimbursement from the Supersedeas Fund.

This is just one idea for speeding up the Claim Petition process in Pennsylvania Workers’ Compensation to avoid the cascading devastation caused by the 12 month waiting period when a claim is denied at the outset.

-Michael W. Cardamone
Fighting For Injured Workers In Pennsylvania

 

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Cardamone Law Has Negotiated Some of the Largest Workers’ Comp Settlements in Pennsylvania

$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
& Hundreds More Cases
$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
& Hundreds More Cases

Client Testimonials

"Best Law Firm around!"

"Cardomone law is absolutely fantastic! They are very responsive and helpful and they will fight to get you what you deserve. Shirley is also very helpful whenever you have any questions! Best Law Firm around!"

- C. Edwards
Google Reviews
"Michael and Shirley are very dedicated...and getting the maximum amount favorable to my case"

"Cardamone Law Firm were very helpful to me since day one. Michael and Shirley are very dedicated to my case giving me updates, answering my questions, being honest with my case, and getting the maximum amount favorable to my case. Thank you so much for your service and dedication and helping me to achieve not only your case but to guide and refer me in other needs too! You guys are the best law firm friendly and dedicated. I will recommend to anyone."

- A. Ortiz
Google Reviews
"Michael won my workers comp case after my employer insurance denied my claim."

"Exceptional firm. Highly recommend this law firm. Michael won my Workers Comp case after my employer insurance denied my claim. Him and his staff were always at my reach for legal and emotional support. Am so happy I hire them. Thanks Michael and Ms. Shirley."

- Carlos P.
Google Reviews
"[They] did an excellent job in getting me financially compensated in a fairly short amount of time."

"I recently had a work related injury and was receiving Workers' Compensation (medical benefits only). Soon after I was fired, so I contacted Paul Silver at Cardamone Law Firm who did an excellent job in getting me financially compensated in a fairly short amount of time. Paul and his assistant Shirley always responded to any questions I had about the case in a very short amount of time. Thank you for helping me with this difficult case."

- Robin C.
Google Reviews
"Highly recommend."

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Google Reviews
"Mike Cardamone is amazing"

"Mike Cardamone is amazing. He is "hands down" one of the best lawyers I've ever had the privilege of knowing. He is very kind, understanding, knowledgeable in his field, always very thorough and helpful. He was extremely professional and someone who truly cares about his clients. I felt completely at ease with him. He was a pleasure to work with, explained everything in detail, as well as answered all my questions with knowledge and care. If you want someone you can trust, who communicates every step of the way, will fight for you and make sure you win your case, he is it! I will refer all my family and friends to him. Thank you so much Mike, for everything. I appreciate all your hard work and dedication in helping me."

- Allie M.
Google Reviews
Without a doubt YOU are the best!!!

"Without a doubt YOU are the best!!! Every person who is in the horrible position of being injured at work should have someone as kind, compassionate and knowledgeable as you on their side. You never once made me feel like I was one of a hundred other clients. I always knew you had my back! You answered calls and emails at all hours. You fought every fight for me so I only had to worry about getting well. Behind your nice, calm face there’s a pit bull ready to take on any employer or judge. I can never thank you enough."

- L. Edall
Google Reviews
"Best Workers' Comp Lawyer!"

"Michael is simply the best! He was there for me from day 1 till the end, and we won the case!! He is always available to help. I had a gazillion questions and he would answer them one by one. He's a great lawyer and I feel lucky to have found him online from reading other outstanding reviews about him. Believe me, they're true!"

- Faith B.
Google Reviews
"Great Attorney"

"Great attorney, handled case quickly and efficiently. I would recommend him and would use him again. He was always available to answer any questions we had. Thank you, Mr. Cardamone."

- H. Anderson
Google Reviews