The rules state that each party has 3 months for their medical evidence. That’s 6 months right off the bat. In addition, there is time for the parties to submit written arguments on whatever issues are pending. Usually, 45 to 60 days is allowed by the judges. Then, it’s another few months, depending on the judge and his or her work load, for a written Decision to be mailed.
In addition, the period of time for the medical evidence can be expanded if it is difficult to secure medical records, or if a deposition date cannot be secured due to the busy schedules of two attorneys, a doctor, and a court reporter.
As such, litigation can take up to 1 year or more.
Sometimes, the cases settle long before 1 year.
In cases where there is no litigation pending, the claim won’t be closed out until a finding of full recovery by a judge after litigation on a Termination Petition, or until the case settles. Some claims are open for decades.
For more information about Pennsylvania Workers’ Compensation practice and procedure, call experienced PA Workmens Comp Lawyer Michael W. Cardamone for a free and prompt consult at 215-206-9068 or email mcardamone@krasno.com
