If an employer or an insurer denies liability for an employee’s injury, the employee typically has three years from the date of injury to file a Claim Petition contesting the decision. A workers’ compensation petition will then go to a judge in the county in which the employee lives. All parties will then receive a Notice of Assignment once a judge receives a Claim Petition assignment.
Once a Claim Petition reaches a judge, all parties will receive a notice of where and when the hearing will take place. The judge will consider the evidence of the case including medical records, witness testimony, and any other relevant evidence to make a determination about the Claim Petition. In some cases, a judge may schedule mediation to resolve the claim. Whether through the judge’s determination or mediation, a final written decision about the Claim Petition decides the final result.
All parties involved will receive this determination. Any party involved has 20 days from the date of the determination to file an appeal with the Workers’ Compensation Appeal Board or 30 days from the date of determination to file an appeal with the Commonwealth Court or the Pennsylvania Supreme Court. A knowledgeable New Castle workers' compensation lawyer can guide you through the process of a Claim Petition.