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PENNSYLVANIA FEDERATION OF INJURED WORKERS Call us toll free 1-888-376-7942
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November 12, 2002
Legal Fees not Reimbursed to Injured Worker's Expressed opinion by Michael A. Kerstetter, PFIW Dauphin County According to the Pennsylvania Worker's Compensation Act when an employer/worker's compensation insurance company contest a worker's compensation claim and they lose the litigation the injured worker is supposed to be reimbursed for his/her legal fees. This is found in Section 440 of the Pennsylvania Worker's Compensation Act. Unfortunately, what happens is the worker's compensation Referee/Judge orders the attorneys to be reimbursed for their expenses but the injured worker does not see a dime of the 20% that was deducted from his/her weekly benefit during the entire litigation period. How does this happen? It is a blatant disregard for the law and injured worker rights! Section 440 specifically states that legal fees are to be awarded to an injured worker if he/she prevails at the end of the contested petition litigation. There are no stipulations associated with this section that would release the insurer from being ordered to reimburse legal fees. The worker's compensation Referee's/Judges have decided that this part of the worker's compensation act should not be enforced. The Bureau of Worker's Compensation must support the policy because they will do nothing to correct it. The Worker's Compensation Bureau claims to have no control over the criteria the Referees/Judges use to formulate the decisions and orders they hand out. If the Worker's Compensation Bureau has no control over the Referees/Judges, then who does? Section 435 of the Pennsylvania Worker's Compensation Act says that the Bureau of Worker's Compensation has the authority to enforce any provision of the act. The Bureau of Worker's Compensation just does not want to fulfill it mandated obligation to enforce the act when it favors an injured worker. The only solution the Bureau of Worker's Compensation offers for this problem is to have the injured worker file an appeal if they disagree with the Referee's/Judge's decision and order. If the legal fees were awarded to the injured worker for winning a decision this might be a deterrent for frivolous petitions being file by the employer/worker's compensation insurance company. Pennsylvania Legislators want to stop frivolous lawsuits filed against physicians but yet they will allow an employer/worker's compensation insurance company to file as many frivolous petitions against an injured worker as they please. Frivolous petitions drive up the cost of worker's compensation just like frivolous lawsuits drive up the cost of liability insurance for physicians. I don't know what else to say except I wish we had some kind of leadership in Pennsylvania Government that would step up and say enough is enough! Where is the protection for the injured worker?
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