Personal Injury Law
Personal Injury Law Questions? Ask Personal Injury Lawyers.
Good afternoon Elaina, I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. The reason that the hearing is scheduled for only 15 minutes is likely because there is only one primary issue the court will be concerned with. And that is determining whether you have stopped working, or whether you are earning the wages stated in the Notice of Suspension or Modification under sections 413(c) or 413(d) of the act. Here is the law:
§ 131.50a. Employee request for special supersedeas hearing under section 413(c) and (d) of the act.
(a) This section governs the disposition of an employee’s request for a special supersedeas hearing made in connection with a challenge to the suspension or modification of workers’ compensation benefits under sections 413(c) and 413(d) of the act (77 P. S. § 774.2 and 774.3).
(b) A special supersedeas hearing will be held within 21 days of the employee’s filing of the notice of challenge.
(c) During the course of a challenge proceeding, the issues are limited to determining whether the claimant has stopped working or is earning the wages stated in the Notice of Suspension or Modification under sections 413(c) or 413(d) of the act and the challenge shall be decided only on those issues.
(d) If the employer has filed a separate petition requesting supersedeas, the judge may receive evidence and issue a separate decision on the request for supersedeas if the judge determines the claimant will not be prejudiced by the introduction of evidence on the supersedeas request at the time of the challenge proceeding.
(e) The judge to whom the notice of challenge has been assigned will issue a written order on the challenge within 14 days of the hearing.
(f) If the judge fails to hold a hearing within 21 days or fails to issue a written order approving the suspension or modification of benefits within 14 days of the hearing, the insurer shall reinstate the employee’s workers’ compensation benefits at the weekly rate the employee received prior to the insurer’s suspension or modification of benefits under sections 413(c) or 413(d) of the act.
(g) Subsections (a)—(f) supersede 1 Pa. Code § § 35.161, 35.162 and 35.190 (relating to form and admissibility of evidence; reception and ruling on orders; and appeals to agency head from rulings of presiding officers).
You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
You may reply back to me again, using the Reply to Expert link, if you have additional questions on this point.I wish you the best in your future,Doug
Good morning Elaina, While I don't pretend to know the medical issues of your case, nor anything about the exam you underwent for the physician of the opposing side, and I therefore have no way to advise you as to how to prepare for this hearing or to conduct it, the nature of the hearing is quite straightforward. Based on the fact that the petition was filed in the first place, it would appear that your employer or its workers’ compensation insurance carrier is asking permission to stop or reduce your workers’ compensation benefits. The attorney from the employer/insurance carrier will present evidence in the form of medical reports or even live testimony, before the Workers’ Compensation Judge to either stop or reduce your benefits. Under the law, you have the right to respond and the right to be represented by an attorney. While you are not required to be represented by an attorney, for obvious reasons it would be to your benefit to do so. Based on your statement of the facts it is clear that you disagree with the position of the insurance carrier, and you have the right to present evidence at this hearing showing why you disagree. More importantly, the judge will expect you to produce evidence at the hearing if you expect the judge to rule in your favor. Under the law, a medical report plus live or written testimony may be presented at this special hearing to support your position. I wish you success in convincing the judge of your ongoing recuperation and in proving the validity of your claim. You may reply back to me again, using the Reply to Expert link, if you have additional questions. I wish you the best in your future, Doug
Nothing further at this time.
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