No. If you are receiving Pennsylvania Work Comp indemnity (ie, wage loss) benefits, they must continue until such time as a Judge enters an Order stopping them. If a Petition to Terminate has been filed, the attorney for the Employer/Insurer will ask for Supersedeas. Supersedeas in Pennsylvania Work Comp cases means that the Employer/Insurer is asking the Judge to immediately stop or reduce your checks based on their evidence. (ie, Independent Medical Exam) However, the Judge will give the injured worker’s attorney an opportunity to counter the request for Supersedeas. The Judge will then issue a Supersedeas Order- normally a few weeks after the first hearing. If the Judge denies Supersedeas, the wage loss checks will continue, less the attorney’s fee. If Supersedeas is granted, the checks will stop or be reduced.
It is absolutely critical to speak with an experienced Pennsylvania Workmans Comp Lawyer if a Petition has been filed to reduce or terminate your benefits. The Pennsylvania Workers’ Compensation Law is complicated and litigating a case can cost up to, or over, $5,000.00. If you do not have an attorney at the first hearing, you will likely hear the Judge strongly advise that you retain one immediately.
If your insurer stops paying your wage loss, simply based on the filing of the Petition to Terminate, but before a Judge’s Order, your lawyer should file a Penalty Petition for the improper stoppage of your checks.
For more information about a Petition to Terminate benefits under PA Work Comp Law, call Attorney Michael Cardamone toll free at 215-206-9068 or email Michael@Cardamonelaw.com for a prompt, free consult.