Legal Question in Workers Comp in Pennsylvania

You should have money now as the WCJ Decision is an enforceable Order of Court which can provide the basis for Sherrifs Sale of the Insurance Company's corporate headquarters. Ask your Attorney if there was a Supercedeas issued by a higher body such as the WCAB or Commonwealth Court; and if not, if he can take his fee and you can get paid now that the normal twenty day appeal period has run.

Good Luck.

TV

It sounds like you have won a litigated claim, rather than settled your case. If you settled, your employer would have little reason to appeal. Under the Act, your employer has 30 days to pay the award.

Your employer had 20 days from the date of the decision to file its appeal. When it did, it undoubtedly asked for "supersedeas," a fancy Latin word for a "stay" of the order. Your lawyer then had 10 days to respond and the Board had 20 days, thereafter, to rule on the supersedeas request. No ruling is the same as a denial. A denial is what you want.

Pursuant to the Snizaski case, the 30 day payment "clock" is "turned off" during the period of time that the supersedeas request is processed. Once you get your denial, the clock starts back up again. Many insurance company lawyers like to argue that they get a whole new thirty days starting from the denial of supersedeas but that is not what the Snizaski case says or means.

The longest you should ever have to wait for payment (assuming supersedeas is denied) is 50 days. If you employer does not pay in time, have your lawyer file a penalty petition.