In addition, I fired my attorney and hired a new one. The original still remains on the record also. I would like him completely gone. My concern now is that the company I work for may appeal the decision as they have been horrible of their treatment of me. Can they do this and prevent me from getting any money in the near future or will I get the back money regardless until or unless an appeal on the company's part is pending? Also, if a settlement is pending, does it come through at the same time or do I have an additional waiting period? The insurance company does not want to settle but I at least need my back pay as soon as possible.
You really ought to be asking your questions to your new attorney. That person should know how to resolve any remaining issues with your former attorney. The employer/insurance company may choose to appeal. If so, they can request supersedeas from the Appeal Board which could stall your receipt of benefits. If the Appeal Board denies the supersedeas request, they will have to pay pending the appeal. A settlement could potentially happen any time. Again, your lawyer will have the best working knowledge of your case and should be able to give you much more specific answers to your questions.
Attorney Wolf is licensed to practice law in Pennsylvania only. He is Certified as a specialist in the practice of workers' compensation law by the Pennsylvania Bar Association's Section on Workers' Compensation Law as authorized by the Pennsylvania Supreme Court. A response from Attorney Wolf cannot constitute legal advice and does not create an attorney-client relationship. If you would like to arrange to speak with Attorney Wolf, he can be reached at 610-323-7436.
They ALWAYS have the option of multiple appeals. You are paying TWO attorneys. Why would you seek advice in an online rather than from the attorneys who you are paying?
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Workers' Compensation Lawyer
Your Attorney is in a much better position to help you than we are.
I represent Employers, but I can recommend Worker Attorneys in So Cal if you ask.
I agree with my colleagues, you really should be addressing this question to your lawyers. (s)he knows the specifics about your case and can give you the most reliable answers. If the insurance company appeals, they can ask for permission to withhold payment (called Supersedeas) while the case is on appeal. So long as your attorney responds to this request and so long as your case is good, you can defeat this request. If you are successful, payments (including arrearages) must begin shortly thereafter.
I agree you should be addressing this question to your attorney. However, as a general rule you should have payment within 30 days of the decision unless an appeal is filed. If an appeal is filed, the defendant will ask for Supersedeas. If Supersedeas is granted, your payment could be delayed for more than a year until a decision is made by the Workers' Compensation Appeal Board. If Supersedeas is denied or not ruled upon, you should have payment within 50 days of the original Judge's decision.
Timothy D. Belt, Esquire Helping injured workers in Northeast Pennsylvania. firstname.lastname@example.org www.belt-law.com Certified as a specialist in the practice of workers’ compensation law by the Pennsylvania Bar Association’s Section on Workers’ Compensation Law as authorized by the Pennsylvania Supreme Court. DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality.