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LawTalk
LawTalk, Attorney
Category: Personal Injury Law
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Experience:  I have 30 years of legal and litigation experience.
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At my supersedeaus hearing that I have coming up, what can

Customer Question

At my supersedeaus hearing that I have coming up, what can I expect since the hearing is only scheduled to last 15 minutes. My workmans comp case is a bit complicted because I have sustained multiple injuries but there is no question as to how the accident happened because 30 people witnessed it.
Submitted: 9 months ago.
Category: Personal Injury Law
Expert:  LawTalk replied 9 months ago.

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

LawTalk, Attorney
Satisfied Customers: 27173
Experience: I have 30 years of legal and litigation experience.
LawTalk and 5 other Personal Injury Law Specialists are ready to help you
Customer: replied 9 months ago.
The insurance company is going by an IME doctors report who has stated that I am fully healed from my injuries and that I have fully recovered.
I am baffled because not one doctor has sent me back to work yet, not even on light duty, and after 7 months I am finally getting treatment.
My MRI reports match my EMG reports.
To make a long story short I noticed a student began to sway and trip over her feet. I knew she was going down. On my way to get her I tripped over two garbage cans, my knee hit a desk and the desk flew. By then she was almost at the ground and I lunged out to get her and I pulled her back on me and I fell on my rear end.
Expert:  LawTalk replied 9 months ago.
I'm sorry to hear of your injuries, Elaina. I wish you the best in your hearing,

Doug
Customer: replied 9 months ago.
Thank you.Almost done...so to clarify my hearing is only 15 minutes because the insurance companies IME doctor wrote a report saying that I am completely healed from my injuries and that there is nothing wrong with me so the paperwork says they want to cut my benefits off because I am healed according to this doctor that spent 15 minutes with me eventhough no other treating doctor including the panel docs for their company have not released me to go back to work. I have just this month started finally getting some proper real helpful treatment which is pointing towards 3 surgeries that all the test results show I need.I'm not understanding the logistics of this hearing is what I think I'm saying.I'm obviously, medically supported, truly injured so if they want me to be able to go back to work why stop treating me now when I am finally after 7 months of suffering getting somewhere and on the road to hopefully getting done what I medically need in order to get better.What can I expect to go on?Am I allowed to speak on my own behalf if I want to or am I just supposed to sit there and get blasted and have to take it as usual.It's a terrible system. I have worked 28 solid years of my life with no assistance of any kind and no unemployment or anything of the sort.I gain nothing by this.In fact my entire family has suffered because of this accident and through no fault of my own. If I would not have caught her, she would have fallen on a concrete floor and she was out cold. It's not like I asked her to pass out on me. It's been a terrible experience from the beginning.
Expert:  LawTalk replied 9 months ago.

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

LawTalk, Attorney
Satisfied Customers: 27173
Experience: I have 30 years of legal and litigation experience.
LawTalk and 5 other Personal Injury Law Specialists are ready to help you
Expert:  LawTalk replied 9 months ago.
Good evening Elaina,

I wanted to thank you for using JustAnswer, and to inquire whether my answer to you was helpful to your understanding of the law, as regards XXXXX XXXXX

Is there anything else that I can assist you with, please feel free to ask. If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-lawtalk/

Thank you very much and take care.

Doug
Customer: replied 8 months ago.

Nothing further at this time.

Expert:  LawTalk replied 8 months ago.
Thank you for your positive rating of my service, Elaina. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.

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