Workers Comp Appeals in Pennsylvania: The Four Levels and the 20 Day Clock
A judge decision is not the last word, and the deadline to challenge it is short.
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After a workers compensation judge decides, an appeal goes to the Workers Compensation Appeal Board, generally within 20 days. From there it goes to Commonwealth Court. The Appeal Board does not rehear the evidence, so what was put into the record before the judge is what the appeal has to work with.
The four levels
| Level | What it does | Deadline to move up |
|---|---|---|
| Workers compensation judge | Hears the evidence and makes findings of fact | 20 days to appeal |
| Workers Compensation Appeal Board | Reviews the judge’s decision on the existing record | 30 days to petition for review |
| Commonwealth Court | Reviews for legal error and whether findings are supported by substantial evidence | Petition for allowance of appeal |
| Pennsylvania Supreme Court | Discretionary. Rarely granted |
Deadlines at this stage are strictly applied. This is not an area where a late filing is forgiven because the merits are good.
The record closes at the judge
This is the part that decides most appeals before they are filed. The Appeal Board does not take new evidence and does not rehear witnesses. It reviews what the judge had.
So the specialist report you did not obtain, the coworker you did not depose, the job description you did not put in, cannot be added later. An appeal argues that the judge erred on the evidence in front of them, not that there was better evidence available.
Which is why the money in these cases is spent before the decision, not after it.
What actually wins an appeal
Credibility determinations are nearly untouchable. If the judge believed the insurer’s doctor over yours, that is generally the end of it, because assessing witnesses is exactly what the judge is there to do.
What is reviewable:
- Errors of law. The wrong legal standard applied, or the burden placed on the wrong party.
- Findings unsupported by substantial evidence. Not that the evidence was weak, but that there was none capable of supporting the finding.
- A reasoned decision failure. Pennsylvania requires the judge to explain the basis for credibility findings. A decision that simply announces a conclusion without reasoning is challengeable.
- Capricious disregard of competent evidence that nobody contradicted.
What happens to benefits during an appeal
It depends on what was decided and by whom. A supersedeas request can suspend payment while an appeal proceeds, and whether it is granted turns on the merits and the circumstances. This is the practical question people care about most, and it needs answering on your specific facts rather than in general.
Whether to appeal at all
An appeal is slow, and if the loss came down to the judge preferring the other side’s doctor, it is usually not winnable. We will tell you which kind of loss you had. Sometimes the better answer is a new petition on changed circumstances rather than an appeal of the old one.
The attorneys who handle these cases
Every one of these bar numbers is searchable on the Pennsylvania Disciplinary Board register. The person who takes your call is the person at your hearing.
-
Kenneth R. Schuster
Founding Member
Read Kenneth’s background -
Justin M. Bernstein
Associate
Read Justin’s background -
Christopher D. Gasda
Associate
Read Christopher’s background -
Anthony S. Pinnie
Of Counsel
Read Anthony’s background -
Joseph J. Jachetti
Associate
Read Joseph’s background -
Andrew Valentin
Associate
Read Andrew’s background
Questions people ask us about this
How long do I have to appeal a workers comp judge's decision?
Generally 20 days to appeal to the Workers Compensation Appeal Board, then 30 days from the Board's order to petition Commonwealth Court. These deadlines are strictly applied and are not extended because the underlying case is strong.
Can I add new evidence on appeal?
No. The Appeal Board reviews the record made before the judge, it does not rehear the case or take new evidence. That is why the preparation before the hearing matters far more than the appeal, and why a missing expert report generally cannot be fixed afterwards.
The judge believed the insurer's doctor instead of mine. Can I appeal that?
Usually not successfully. Credibility determinations are for the judge and are rarely disturbed. What is reviewable is legal error, findings with no supporting evidence at all, or a decision that fails to explain the basis for its credibility findings as Pennsylvania requires.
Do my benefits stop while the appeal is pending?
It depends on what was decided and who is appealing. A supersedeas request can suspend payment during an appeal, and whether it is granted turns on the merits and the circumstances. It is the question most people care about most, and it needs answering on your specific facts.
Is it worth appealing?
Sometimes not, and we will say so. If you lost because the judge preferred the other side's medical expert, an appeal rarely succeeds. In some situations a new petition based on changed circumstances is a better route than appealing the old decision.
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