If your workers’ compensation claim has been denied, you may have the right to appeal the decision. The appeal process helps ensure that Workers’ Compensation Judges (WCJs) follow Pennsylvania law and base their decisions on substantial evidence.
Below are some common questions about appealing a denied workers’ comp claim.
1. What is the deadline to file an appeal?
You have 20 calendar days from the date the WCJ’s decision is issued to file an appeal with the Workers’ Compensation Appeal Board (WCAB). If the deadline falls on a weekend or holiday, it extends to the next business day. Appeals can be submitted electronically through the Workers’ Compensation Automation and Integration System (WCAIS) or by mail. Missing this deadline may result in losing your right to appeal.
2. How long does it take to get the Board’s decision?
The timeframe varies, but several steps must be completed before a decision is issued:
- A 60-day briefing period, which may be extended if a party requests more time.
- Scheduling of oral arguments (unless waived by all parties).
- Assignment of the case to a Commissioner for review.
- Verification of the record, review of arguments and drafting of an opinion and order.
- Circulation of the decision to other Commissioners for approval.
Because of these steps, it may take several months to receive a final decision.
3. Is it possible to appeal the Board’s decision?
Yes, if you disagree with the WCAB’s ruling, you have 30 days from the date of the decision to file an appeal with the Commonwealth Court of Pennsylvania. The court will review whether the Board correctly applied the law but will not reconsider factual determinations. If you wish to proceed with an appeal, legal guidance can be helpful in understanding your options.
Filing an appeal requires attention to deadlines and procedures, but taking action within the allowed time may help protect your right to benefits.