PA Workers Compensation Bureau Update

June 15, 2022

Changes Coming to Pennsylvania Workers’ Compensation Appeal Board (WCAB)

When one receives a decision issued by a Workers’ Compensation Judge (WCJ) in Pennsylvania, one has the right to file an appeal. The first level for this appeal is the PA Workers’ Compensation Appeal Board (WCAB). For about the last 50 years, litigating an appeal before the WCAB has been unchanged. Starting July 11, 2022, however, there will be substantial changes taking place.

Until now, the person filing an appeal, formerly called the Appellant (now called the Petitioner), would file his or her brief (written argument) on or before the date of the oral argument. This oral argument would be held in person at various locations across the State of Pennsylvania (Philadelphia, Pittsburgh, Harrisburg, Scranton and Erie). The Respondent (formerly called the Appellee) would typically submit his or her brief 30 days after the oral argument.

Even before the COVID-19 pandemic turned the entire PA workers’ compensation system into a largely virtual affair, there had been discussion of making oral argument before the WCAB into a virtual event. Since the virtual method ran so smoothly during the pandemic, the WCAB will be retaining this as the primary method of conducting oral argument.

April 11, 2022

Two Additional Workers’ Compensation Judges Named by the PA Bureau of Workers’ Compensation

by Glenn Neiman

Coming on the heels of last month’s announcement from the Pennsylvania Bureau of Workers’ Compensation, advising that two new Workers’ Compensation Judges (WCJs) would be taking the bench, we were surprised to hear more hiring news from the Bureau this month. In addition to the two new WCJs we discussed in March (The Honorable Debra Matherne and The Honorable Cassi Martin), there are now two more WCJs taking the bench in the near future.

Having two announcements so close in time is unusual, though there has been an unusual amount of retirement and turnover among the WCJs recently. We are now welcoming Angela Lorenz and Angel Torres to the bench.

The official statement released by the Bureau states:

March 21, 2022

PA Bureau of Workers’ Compensation Names Two New Workers’ Compensation Judges

by Glenn Neiman

In recent years, the Pennsylvania Bureau of Workers’ Compensation has been more transparent with the hiring of new Workers’ Compensation Judges (WCJs). While we generally have to rely on word of mouth for the retirement or transfer of a WCJ (to a different workers’ comp hearing office), we can usually count on the Bureau to let us know when a new WCJ is appointed to the bench. Along these lines, we are happy to congratulate Debra Matherne and Cassi Martin on becoming WCJs.

According to the Bureau, “Ms. Matherne has most recently been employed by Cipriani and Warner as a partner doing primarily WC defense work. Prior to that, she practiced on the Claimant’s side as a partner with Michael O’Connor and Associates. She has set a tentative start date of 3/28 to begin Act 57 training.”

Cassi Martin is an active member of the Bucks County Bar Association (BCBA), and the Workers’ Compensation Section of the BCBA, so we are well-acquainted with her talents and experience. She had been working for Hill Wallack LLP, handling primarily workers’ compensation defense work for employers, self-insureds and insurance carriers. Having earned her undergraduate degree at Marist College, Ms. Martin received her J.D. degree from Fordham University School of Law. On April 11, 2022, Ms. Martin will begin her WCJ training. Upon the completion of her training, Ms. Martin will be assigned to the Philadelphia Workers’ Compensation Hearing Office.

March 2, 2022

PA Bureau of Workers’ Compensation Finally Announces Reopening

by Glenn Neiman

Nearly two full years after COVID-19 briefly shut down the Pennsylvania workers’ compensation system, and then created a dramatic shift in how litigation was done, the PA Bureau of Workers’ Compensation has announced measures to return to some level of our prior (the old “normal”) operation.

It has been since March, 2020, that most of us in the workers’ compensation bar have physically been inside of a workers’ comp hearing room. Nearly every hearing and mediation since that time has taken place in a virtual format.

The Workers’ Compensation Office of Adjudication (WCOA) has officially announced that mask mandates have been lifted and live (in person) hearings and mediations may again commence. While the virtual hearings which have become the new “normal” will continue in some respects, it appears that live testimony will once again be taking place. You may recall that the PA workers’ comp courts were permitted to be “open” as of August 16, 2021, though very few Workers’ Compensation Judges (WCJs) actually held live hearings. At Brilliant & Neiman LLC, we have not been involved in a live hearing since March, 2020.

December 2, 2021

Maximum Workers’ Compensation Rate for PA in 2022 Will Be $1,205.00

by Glenn Neiman

The Pennsylvania Department of Labor & Industry recently announced that the “statewide average weekly wage” (SAWW) for 2022 will be $1,205.00. This represents a 6.6% increase over the SAWW for 2021 of $1,130.00. Under the PA Workers’ Compensation Act, the SAWW represents the maximum workers’ compensation rate which can be received by an injured worker in Pennsylvania.

June 30, 2021

PA Bureau of Workers’ Compensation System Reopening Announced

by Glenn Neiman

As we have noted previously, all hearings in Pennsylvania workers’ compensation matters have been held virtually, either by telephone or video, since last Spring. We have now been told that the hearing offices within the PA Bureau of Workers’ Compensation will be reopening as of August 16, 2021.

However, this does not mean the system will return to how it functioned prior to the pandemic. As with many things, we will be learning a “new normal.” We have been told that “virtual hearings” will continue for certain things, though exactly when hearings will be live, as opposed to virtual, remains unclear. Likely, we will have live hearings for the testimony of an injured worker, or an important witness, but that virtual hearings will continue for “status hearings.” Whether a hearing is live or virtual, ultimately, will come down to the discretion of the Workers’ Compensation Judge.

Meanwhile, the Workers’ Compensation Appeal Board will continue to hold oral argument virtually. As is the case now, the parties can request oral argument be done live. Provided the request is made in a timely fashion, it will generally be granted. In the special case of disfigurement/scarring, the hearing will be done in person.

April 22, 2021

New Pennsylvania Workers’ Compensation Judge Announced For Philadelphia Hearing Office

by Glenn Neiman

The Pennsylvania Bureau of Workers’ Compensation has announced that The Honorable Ashley Drinkwine will be a new Workers Compensation Judge (WCJ) assigned to the Philadelphia Workers’ Compensation Hearing Office. Judge Drinkwine will be taking the place of Judge Scott Olin, who has retired after many successful years on the bench. The decorum and wisdom of Judge Olin will be missed and we wish him well in his retirement.

Specifically, the release states:

“The WCOA is pleased to announce the hiring of new Workers’ Compensation Judge Ashley Drinkwine who will replace the recently retired Judge Scott Olin in the Philadelphia hearing office. Judge Drinkwine will begin her statutorily mandated training beginning June 1, 2021. Congratulations Judge Drinkwine!”

April 9, 2021

PA Workers’ Compensation System Still Operating Remotely

by Glenn Neiman

We apologize for having such infrequent posts these past several months. Like much of society, things have slowed down since the pandemic arrived. There seem to be fewer appellate decisions coming down, and those that do seem more frequently to be unreported decisions. This makes it more difficult to find things to share with our readers.

Similarly, the Pennsylvania Workers’ Compensation Office of Adjudication is continuing to have the parties litigate matters remotely, using either telephone or videoconferencing for hearings and depositions. Unlike family conversations, Zoom is a platform we cannot use, apparently due to security concerns. Instead, some Workers’ Compensation Judges (WCJs) use WebEx and others use Teams (what was Skype for Business).

The advantages of litigating cases remotely, obviously, are vast. We eliminate the need to travel to hearings in various counties across the State (we represent clients as far west as Carlisle, Harrisburg and Mechanicsburg, as far south as Delaware County and as far north as the Scranton/Wilkes-Barre area). Basically, we handles cases throughout the Southeastern, Northeastern and Central parts of PA.

December 16, 2020

Maximum Workers’ Compensation Rate for Pennsylvania Raised to $1,130.00 for 2021

by Glenn Neiman

As happens every year around this time, the Pennsylvania Bureau of Workers’ Compensation has released the Statewide Average Weekly Wage (SAWW) for the coming year. For 2021, the SAWW is $1,130.00, an increase over the $1,081.00 of 2020. The SAWW represents the maximum weekly workers’ compensation rate an injured worker can receive in PA (for injuries taking place in 2021).

Unfortunately, those injured before 2021 do not see any change in their workers’ compensation rate with this change. While other benefit programs, such as Social Security Disability, feature an annual cost-of-living increase, the Pennsylvania Workers’ Compensation Act contains no such option. The rate in place at the time of the work injury is the rate that will remain for the life of that injury, no matter the extent of the disability.

The calculation of the workers’ compensation rate is provided for in the Pennsylvania Workers’ Compensation Act. First, we must determine the Average Weekly Wage (AWW). From this figure, we compute the temporary total disability rate, which we generally call the workers’ compensation rate. Depending on the figures, the workers’ compensation rate is usually two-thirds of the AWW, though that is just the general rule. Mid-range AWW can result in a workers’ compensation rate of half of the maximum rate. A lower AWW can lead to a workers’ compensation rate at 90% of the AWW. On the other hand, an injured worker earning a very high wage would create a workers’ compensation rate limited by the maximum compensation rate (the SAWW discussed above), which would mean he or she would receive less than 2/3 of the AWW.

October 27, 2020

Two New PA Workers’ Compensation Judges Appointed to the Bench, Two Retiring

by Glenn Neiman

The Pennsylvania Bureau of Workers’ Compensation rarely announces the coming or going of Workers’ Compensation Judges (WCJs). Recently, the Bureau veered from its normal procedure and announced the following release:

“The Workers’ Compensation Office of Adjudication is pleased to announce the hiring of two new Judges: Anthony Salvino, Esq. and Jeffrey Mills, Esq. They will begin training on November 23, 2020 and will be assigned to the Reading office. Both Tony and Jeff bring a wealth of experience and knowledge in the Pennsylvania workers’ compensation law, practice and procedure.”

What was not mentioned was the departure to retirement of two existing WCJs. First, we will be losing The Honorable Joseph McManus (who was on the bench in the Bristol Workers’ Compensation Office, serving Lower Bucks County). Additionally, The Honorable Brian Eader, who was in the Central District of PA, will also be stepping down. Having appeared in front of both of these WCJs on many occasions, we thank them for their years of service and wish them good luck and health in their retirements.