Employer Petition To Review In PA Workers’ Comp
What Is An Employer Petition To Review?
In Pennsylvania workers’ compensation, an employer petition to review refers to a formal request. It corrects, amends, or modifies the Notice of Compensation Payable (NCP) or an agreement regarding workers’ comp. The employer submits the request to the Bureau of Workers’ Compensation and the Workers’ Compensation Office of Adjudication (WCOA).
This review petition can address mistakes made in the original agreement. It may also address changes in the nature of the work-related injury after the issued NCP.
When Should An Employer File A Petition To Review?
An employer or the insurance company may file a petition to review to correct various types of mistakes. For example:
Description Of The Work-Related Injury
If the injury description appears inaccurate.
Average Weekly Wage Calculation
To correct errors in calculating the worker’s average weekly wage.
Medical Treatment Or Billing
To review the appropriateness of medical treatments or billing issues.
Date Of Injury
To correct the date of the injury.
How Does The Petition To Review Process Work?
Filing The Petition
The employer or the insurance company must file LIBC-378. Filed with the Bureau of Workers’ Compensation and the WCOA, this official form petitions to review. The form details the needed corrections or modifications.
Legal Proceedings
Once filed, a Workers’ Compensation Judge (WCJ) will review the case. The employer or the insurance company must prove a material mistake in the original NCP or agreement.
Burden Of Proof
The party seeking the modification, the employer or the insurance company, bears the burden of proof. They must show that the material mistake of fact or law existed at the time of the issued NCP.
Specific Scenarios And Case Law
With questionable work-relatedness of the injury, employers may show that the disability does not relate to work. For example, when the NCP makes false representations. A court may also set aside an NCP if the compensation appears grossly disproportionate to the injury’s impact.
Time Limitations And Jurisdiction
No Time Limit For Correction
The WCJ may modify an agreement at any time when shown to have material incorrect information.
Jurisdictional Limits
The WCJ can only review petitions where an NCP, agreement for compensation, or supplemental agreement exist. Without these documents, the WCJ lacks jurisdiction.
Independent Medical Examination And Termination Petition
Role Of Independent Medical Examination
An independent medical examination (IME) often provides evidence for a petition to review or a termination petition. An IME may show the extent of the injury or validate the need for continued treatment. But, it may also say the worker has fully recovered and can return to work.
Filing A Termination Petition
The employer or the insurance company can file a termination petition to stop workers’ comp benefits. This may occur if the worker’s disability no longer relates to work or the worker has recovered. The termination petition must provide supporting medical evidence, often gathered through an IME.
Wrap Up
Workers should know their rights. If your employer has filed a petition to review, you need to speak to a lawyer. An experienced workers’ compensation lawyer can protect your benefits, giving you peace of mind while you recover.
If you have questions about your case, give us a call. We can help get you the benefits you deserve. Reach out 24/7 for a free consultation (215) 609-4183.
