What to Expect When You’re… Litigating a Pennsylvania Workers’ Compensation Case
I have represented clients in workers’ compensation matters for nearly 16 years. During this time, one question comes up more than any other. How long will this process take? What should I expect along the way? When entering workers’ comp litigation, you must keep a few key principles in mind. This post will highlight those core steps.
The Pennsylvania workers’ compensation process is highly efficient. It remains one of the quickest ways to hear an injured worker’s case from start to finish. Even so, you need to have reasonable expectations. You must understand how long a case takes from the initial petition filing until a judge renders a final decision.
In most cases, a realistic timeline is 12 to 15 months from filing to a final decision. During this period, you need to track several key dates and benchmarks. Both parties must be prepared for the long haul right from the start. Let’s look at a sample case to add specific details to this PA workers’ comp timeline.
It typically takes 4 to 6 weeks from filing a petition to getting a judge assigned and a hearing scheduled. This timeline has shortened over the last decade. Today, we use online filing and litigation through the Workers’ Compensation Automation and Integration System (WCAIS).
Each Pennsylvania Workers’ Compensation Judge sets their own court preferences within legal boundaries. Some judges choose to hold a pre-trial conference at the very first hearing. This conference only involves the judge and the attorneys. Together, they discuss the legal, factual, and medical evidence in the case.
At the pretrial conference, the judge establishes evidentiary deadlines. They also outline how the case will proceed. This meeting is an efficient way to bring both sides together early. It helps determine if a quick resolution or settlement is possible.
By contrast, other judges prefer to take oral testimony from the injured worker at the first hearing. These hearings generally last about 30 minutes. The claimant will testify on both direct and cross-examination. Depending on the complexity of your workers’ comp claim, testimony might require more than one session.
Other judges choose a different route. They have the parties complete the claimant’s testimony outside of court via a deposition. This usually happens within 45 to 90 days after the first hearing. The claimant then only testifies live before the judge at the very end of the case, right before the judge prepares the final decision.
Regardless of the judge’s style, evidentiary deadlines start running from the first hearing forward. The insurance company must complete an Independent Medical Examination (IME) within 45 days. As a general rule, the moving party holds the burden of proof. They must present factual, legal, or medical evidence within 90 days of the first hearing. The responding party then gets the next 90 days to present their defense evidence.
Naturally, exceptions to this trial schedule can cause delays. Judges generally remain flexible if both sides make a good faith effort to gather evidence. This flexibility benefits everyone at some point. However, it explains why a process designed for 180 days often takes longer.
Once all evidence is submitted, many judges schedule a final hearing. The injured worker or other key witnesses may testify here. This testimony usually provides an update or rebuts previous evidence. The judge will then set a deadline for written arguments. This deadline is typically 60 days after a final hearing with testimony, or 30 to 45 days if no live testimony occurs.
Judges remain flexible if the attorneys need extra time for these written arguments. Furthermore, the trial schedule often extends due to mandatory mediation. This mediation typically occurs about halfway or two-thirds of the way through the case.
Once the judge receives the final written arguments, they must issue a decision within 90 days. However, even this timeline fluctuates based on factors outside your control, such as the judge’s current workload.
When you initiate workers’ comp litigation, expect to be involved for roughly 12 to 15 months. This is the standard time required to secure a final judge’s decision.