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What Happen after the employer medical deposition on a disputed Pennsylvania worker compensation case?

Allentown, PA |

How long it will take the judge to schedule final briefs?

Attorney Answers 6


  1. Best answer

    This is a question best posed to your Attorney who is probably more familiar with your case and the Judge involved.

    Assuming that the last piece of evidence was the employers medical (often I would recall my client afterwards ) there will need to be a Final Hearing at which time the WCJ will issue a briefing schedule. After both briefs have been filed it may take another 3-6 months for a Decision.

    Again, I would poe this question to your Attorney, and not here.Good luck.

    This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship. The answering attorney is licensed in Pennsylvania and all answers are given pursuant to Pennsylvania law, unless otherwise indicated. If you have further questions regarding your issue, or my answer you may contact me to discuss this issue further by calling 215-496-9607 or sending an email to rjaffe@phillyworkinjury.com


  2. Hopefully you have a lawyer to whom you can direct this question. If you do not have a lawyer, you should be speaking to one right away. If you do have a lawyer, you really ought to be asking that person this question rather than hoping that someone on this forum can give you advice without knowing all the facts. If you are litigating a claim petition, and the employer has taken its deposition, then the final hearing will probably be scheduled in the next 30 to 60 days at which time the record will close and the parties will be directed to file briefs, which can take another 60 to 90 days. It is likely that the judge set a trial schedule at the very beginning of the case and the final hearing date was already set. Again, I urge you to speak with a lawyer to answer your questions about your specific case.

    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.


  3. Mr Wolf has provided a very complete answer however as he has indicated this is a question for your atty


  4. Levi and Richard are correct. Talk to your lawyer as each Judge's procedures are slightly different.


  5. Each case is different and you should ask your attorney what the timing is in your case. It can be effected by the identity of the Judge, the availability of your treating doctor to testify, whether any other witnesses will testify, etc. Even after the evidence and briefs are submitted by the parties, it can still take several months to obtain a decision from the Judge. It is a long process... Hang in there and good luck.


  6. Most litigation takes approximately one year before a Workers' Compensation Judge. Many cases do settle, however. Usually, each side has 90 days to present their case. If the Employer filed the Petition, then you will likely have 90 days to present any counter evidence. If you filed the Petition, it is likely that the case will now get set for a final hearing or the briefing phase which is different in each case depending on the Judge who is presiding. For the best answer, you need to ask your attorney as he or she will know the status of your case and what to expect. My answer is just an overview and may not apply in your case if the Judge modified the standard rules. The process can feel like an eternity but hang in there!

    Certified Pennsylvania Workers' Compensation Attorney representing injured workers and the disabled across Pennsylvania, Michael W. Cardamone, Esquire is here to help. (215-206-9068 or mcardamone@krasno.com) It is important to recognize that no attorney-client relationship is formed unless and until you sign a Fee Agreement with my law firm. Every case is unique and requires an individual analysis based on all facts, not just the facts disclosed here. The answers provided are general tips and should not be interpreted as legal advice for your situation. It is strongly suggested that you speak to and retain an attorney for legal advice. I am licensed to practice law in Pennsylvania.

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