In Pennsylvania Workers Compensation, a legal term that is thrown around at times is “Supersedeas”. My clients also see the term Supersedeas on a hearing notice. What exactly does Supersedeas mean?
Superseadeas requests happen when an injured worker is receiving wage loss and medical benefits. Your employer and insurance carrier are not going to just keep paying you indefinitely. They will eventually send you for an Independent Medical Examination (You can read more about an IME exam here). Based on the IME, your Employer may file a Termination or Suspension petition based on job availability or full recovery. As part of that petition, the employer is requesting Supersedeas.
First, let me explain these two common petitions filed by employers. A Termination Petition is filed to request wage loss and medical benefits end because you are fully recovered from the work injury. A Suspension Petition is filed to request stopping the weekly wage loss checks but not the medical benefits. The Suspension Petition is not alleging full recovery, instead, it is alleging job availability. The petition will be assigned to a WCJ for a decision.
In proceeding on a Termination or Suspension Petition, counsel for your employer will usually submit the IME report and possibly a job offer letter as evidence in support of granting ‘Supersedeas’ In essence, Supersedeas is requesting the WCJ stop your wage loss checks IMMEDIATELY. The WCJ will also allow the attorney for the injured worker to submit medical evidence in opposition to Superseadeas request. Your attorney will submit medical evidence and an affidavit signed by you stating that you disagree with the IME. Once the WCJ received all Supersedeas evidence from both sides, the WCJ will issue an Order either granting or denying Supersedeas. If Supersedeas is denied, your checks will continue while the petition is litigated over the next several months. If Supersedeas is granted, then your benefits will stop immediately. That is why it is so very important for an injured worker to have an experienced workers compensation attorney on their side. Risking your wage also checks is huge and can have devastating economic consequences for an injured worker.
Insurance companies will do everything they can possibly do to limit benefits to you. Our job is to fight to maximize your benefits. You deserve it. You did not ask to be injured at work. Call Mooney Law today for a free phone consultation at 717-200-HELP or 833-MOONEYLAW. You can also visit Mooney Law on the web.