Hello There, Guest! Login Register
Index    |     Search    |     Members    |     Help

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
IRE IN PENNSYLVANIA
#2
I doubt there will be any windfall for quite a while. I suspect there are thousands of IREs since the 1996 IRE provisions were enacted.  Pennsylvania work comp attys are like comp attys in other states and are networking with each other and the judges to make some sense out of what is likely to happen in the months to come. keep in touch with yours.
but decisions have to come down from the top courts while appeals work there way up from the bottom.
legal precedent takes a long time to set and even longer for  the carriers to start sending checks.
Even if the judge ruled in your favor there would likely be a least one or more appeals taking many many months.... that's why the judge wants to take his time and consider the issue from all sides.
they have to be careful they don't bankrupt too many as the premiums have already been paid and employers have closed the books on the old claims. lots of administrative and logistical decisions have to made. many hurdles to overcome:
DO all the cases  have to be re-litigated?
can the courts handle the workload?
how are the insurance companies going to afford paying on old claims?
doesn't the system need new legislation to fix the old law ?


one of the early things the court will need to do is decide whether the decision is to be applied retroactively to those claims like yours where the 500 weeks have expired. that has not been determined.

clients really like attorneys that are optimistic so most attys will take that line.  
reality is often much different and there can be a big emotional let down when it doesn't happen that way. Have you ever known much in the legal arena to happen quickly? it took Mary Protz 10 years to get her decision in June. I doubt that she has even gotten a check yet.
the most practical response is like you have done: seek out wider information and a more realistic understanding of the situation. Since it's only been a short time since the court decision I suggest you search various Pennsylvania work comp atty web sites. many post information on key issues of the day and some may have articles giving a more in depth view of the many complications that have to be worked out.
while your atty can be optimistic with his clients, it might be better for you to maintain a more realistic approach.

here's an example
http://www.chartwelllaw.com/articles/393...t_next.php
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
  


Messages In This Thread
IRE IN PENNSYLVANIA - Seven - 08-30-2017, 06:33 PM
RE: IRE IN PENNSYLVANIA - 1171 - 08-30-2017, 07:55 PM
RE: IRE IN PENNSYLVANIA - Seven - 08-31-2017, 07:28 PM
RE: IRE IN PENNSYLVANIA - 1171 - 08-31-2017, 08:16 PM
RE: IRE IN PENNSYLVANIA - Seven - 08-31-2017, 09:46 PM
RE: IRE IN PENNSYLVANIA - 1171 - 08-31-2017, 09:52 PM

Possibly Related Threads...
Thread Author Replies Views Last Post
  IRE in Pennsylvania Seven 27 6,278 01-08-2019, 08:56 PM
Last Post: 1171
  Pennsylvania - Wrist Injury BrettT 2 1,869 04-06-2017, 10:01 AM
Last Post: Timothy Belt
  Pennsylvania statute of limitations parkerama 1 1,305 03-28-2017, 02:40 PM
Last Post: Timothy Belt
  What happens now? Pennsylvania Averagejoe 11 6,862 02-05-2013, 03:09 PM
Last Post: Frank Lafferty
  Pennsylvania Workers Comp Questions jeslinks10 9 19,171 03-07-2011, 09:24 AM
Last Post: Aldis
Question Need advice IN Pennsylvania burns54 15 8,806 01-24-2009, 04:52 PM
Last Post: 1171
  Curious in Pennsylvania.. lil_conner23 8 6,509 02-27-2008, 07:37 PM
Last Post: vickinat

Forum Jump:


Browsing: 1 Guest(s)