When Is a Workers’ Compensation Hearing Required?
Workers’ compensation disputes in Pennsylvania are adjudicated by judges appointed by the state Bureau of Workers’ Compensation (BWC). A hearing is required any time either party files a petition challenging the current status of benefits. Common situations that lead to hearings include:
- Your claim was denied and you filed a Claim Petition to establish your right to benefits
- Your employer filed a Petition to Terminate, arguing you have fully recovered
- Your employer filed a Petition to Modify or Suspend your wage loss benefits
- You were underpaid and filed a Petition to review your wage loss benefit calculation
- You are challenging the description of your injury on your Notice of Compensation Payable
- You are seeking penalties against the insurer for unreasonable contest or delayed payment
You have up to three years from the date of your injury — or from your last payment of compensation — to file a Claim Petition in Pennsylvania. Do not let this deadline pass.
Petitions the Employer or Insurer May File Against You
Fighting hostile petitions filed by employers and insurers is a significant part of our practice. Insurance companies regularly file petitions to protect their bottom line:
- Petition to Terminate Benefits — argues you have fully recovered and no longer need wage loss or medical benefits
- Petition to Modify Benefits — argues you can return to work in some capacity, reducing your wage loss benefits
- Petition to Suspend Benefits — argues you refused a job offer or that work is available within your restrictions
- Petition to Review Medical Treatment — challenges the necessity of your ongoing medical care
When any of these petitions are filed, you are entitled to continue receiving benefits while the hearing process proceeds. Do not agree to any modification without speaking with an attorney first.
Petitions We File on Your Behalf
- Claim Petition — establish your right to benefits when a claim is denied
- Review Petition — correct the description of your injury or calculation of wages
- Penalty Petition — against insurers who violate the Pennsylvania Workers’ Compensation Act
- Reinstatement Petition — restore benefits when your condition worsens after suspension
- Medical Treatment Review — challenge unreasonable denials of necessary care
The Hearing Process Step by Step
1
Filing & Assignment
Once a petition is filed with the BWC, the case is assigned to a workers’ compensation judge (WCJ). The judge schedules an initial hearing, typically within 45 days of assignment.
2
The First Hearing
Both sides identify witnesses and evidence. You may be required to testify about your injury, job duties, and current condition and be cross-examined by the insurance company’s attorney. We prepare you thoroughly so you are not caught off guard.
3
Evidence & Depositions
Most medical evidence is presented through depositions of expert witnesses. We depose your treating physicians and retain independent experts to counter the insurance company’s hired doctors.
4
Briefing & Decision
After the hearing record closes, both sides submit written briefs. The judge issues a written decision by mail, typically within two to six months.
Appealing a Workers’ Compensation Decision
If the workers’ compensation judge rules against you, Pennsylvania provides multiple levels of review. Never give up after an initial adverse decision — our attorneys handle appeals at every level.
1
Workers’ Compensation Judge Decision
Initial written decision issued by mail within 2–6 months of record closing.
2
Workers’ Compensation Appeal Board (WCAB)
Reviews the record and the judge’s legal conclusions.
20 days to file
3
Commonwealth Court of Pennsylvania
Appellate review of legal questions from the WCAB decision.
30 days to file
4
Pennsylvania Supreme Court
Discretionary review — the court selects which cases to accept for further argument.
Frequently Asked Questions
What happens at a workers’ compensation hearing in Pennsylvania? +
A workers’ compensation hearing is a formal proceeding before a WCJ appointed by the Bureau of Workers’ Compensation. Both sides identify witnesses and evidence. You may testify and be cross-examined by the insurer’s attorney. Most medical evidence is presented through depositions. After both sides submit written briefs, the judge issues a written decision within two to six months.
How long do I have to file a Claim Petition in Pennsylvania? +
You generally have three years from the date of your work injury — or three years from your last payment of workers’ compensation — to file a Claim Petition. Missing this deadline permanently bars your right to pursue benefits. Contact us immediately if you are approaching this deadline.
Do I continue receiving benefits while a hearing is pending? +
Generally yes, if the employer or insurer filed the petition. If your employer filed to Terminate, Modify, or Suspend your benefits, you are entitled to continue receiving payments while the hearing process proceeds. Do not agree to any reduction without speaking with an attorney first.
Can I appeal if the judge rules against me? +
Yes. You have 20 days from the judge’s written decision to appeal to the WCAB. If the WCAB rules against you, you have 30 days to appeal to Commonwealth Court. Further appeal to the Pennsylvania Supreme Court is also possible. Our attorneys handle appeals at every level.
What is a Petition to Terminate and how do we fight it? +
A Petition to Terminate is filed by the insurer arguing you have fully recovered. They typically hire a doctor to testify you can return to work. We counter by deposing your treating physicians, retaining independent medical experts, and presenting the full evidence of your ongoing disability. You continue receiving benefits while the petition is pending.
