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PENNSYLVANIA FEDERATION OF INJURED WORKERS Call us toll free 1-888-376-7942
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October 24, 2002
Pennsylvania Worker's Compensation Hearing Procedure Expressed opinion by Michael A. Kerstetter, PFIW Dauphin County The procedure for worker's compensation hearings in Pennsylvania creates an atmosphere for flawed decisions to be handed out. The problem is the short time period given for individual hearings over a long period of time. Here is what happens according to the PA Code that governs the worker's compensation procedure, once a petition is filed:
With all of this time between hearings and a final decision for a petition, it is very easy for the Referee to confuse the facts, since the Referee hears many other cases during the same time period. Facts from one hearing might spill over into another. This may be the cause for facts being confused and decisions being unreasoned. The hearings are only approximately 30 minutes in length. If a worker's compensation Referee hears 10 or more cases a day there is a definite chance for confusion of facts. If the facts of a case ore confused then the findings of law would be wrong, making the decision wrong. Another downside to the hearing procedure is the depositions taken at various locations and time, then a written record of the deposition is entered into the record. The Referee has no opportunity to see the parties of the depositions. Face to face contact is a good way for a Referee to see if the person testifying is being truthful. That is lost because the Referee isn't present for the deposition. If the Referee has any questions about the depositions there is no opportunity for for the witness to answer therefore leaving the question unanswered. If either side has any objections during the deposition it is noted, the question is allowed to be answered and the referee decides on the objection at a later time. No one knows whether or not the objection was upheld of denied. This is decided behind closed doors. Again there is no opportunity for clarification. How can the record be complete if there are questions or unaddressed objections? The most puzzling aspect of the hearing procedure occurs when a petition is filed with the Pennsylvania Worker's Compensation Bureau. Very few, if any petitions filed are refused. This means that either party to the litigation can bog down a claim by filing multiple petitions. Just imagine how confusing it can get if a Referee is hearing testimony and reading evidence for several petitions filed for one claim at the same time. The majority of the time all of the petitions are grouped together, therefore it may be possible that some evidence for one of the petitions may not be considered or may be overlooked. Even though this is an administration problem it is easy to see how decisions for worker's compensation claims may not be completely reasoned. Some Referees have an outrageously large case load and this administration nightmare just adds more confusion to the process. The average time for a worker's compensation claim to get through this process is about 9 months. This means that if a claim is being denied by an employer/worker's compensation insurance company, the injured worker will go 9 months without any income from work related injury. A good solution to this problem might be for everything to be done at one hearing maybe two if necessary, hear only one petition at a time therefore allowing a decision to be handed out in a more timely manner. The petitions that start the litigation process should be screened better to ensure that they are valid and not just frivolous. Where is the help for the Injured Worker?
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