Pennsylvania Workers Comp Petition Primer

This article is a Pennsylvania Workers Comp petition primer. There are many different petitions that can be filed in the course of a Pennsylvania workers’ compensation case. This article discusses the common petitions filed. It is not an exhaustive list, because there are petitions that can be filed for other reasons but are much more infrequent. Common petitions filed by the injured worker: Claim Petition. Claim Petitions are petitions filed by an injured worker when the insurance carrier denies the…

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In Pennsylvania Workers Compensation, what happens if my claim petition is not answered?

Over the past eight weeks, for some reason, I have had three different claim petitions filed on behalf in injured workers in which the employer and its insurance carrier failed to file a timely answer.  Kind of odd.  That is more than I have had in the prior two years.  So what happens then? First, what is a timely answer?  Under the Pennsylvania Workers Compensation Act, an employer and insurance carrier has 20 days to answer a claim petition for…

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PA Court: Employer has burden to prove injured worker is not a legal, documented worker

The Pennsylvania Supreme Court took up the issue of which party bears the burden of proving whether an injured worker is ineligible for workers compensation benefits because they are in the United States illegally.   The answer the Court provided was that the burden to prove an injured worker is illegal lies with the employer, not the employee. In this specific case, an injured worker filed a Claim Petition for wage loss benefits.   A hearing for Claimant testimony was…

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Drug Tests and Impact on Employment and Workers Compensation

The Pennsylvania Manufacturers Association recently released a report that one in three potential employees either refuse to take a drug pre-screen test or fail a pre-screen drug test. While in many cases the percentages are not high, the fact that 19% refuse to take drug tests as a condition of employment and 16% fail these tests raise a red flag and a real concern about this issue. These stats are troubling and disheartening for Pennsylvania.   Drug pre-screen testing is…

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