[Seven]

I heard from the appeal board and it went in my favor . The appeal board vacated and remained the order . They sent it back to the court . Now I'm suppose to have a hearing and as long as I can show that I'm still injured which is not a problem my workers comp payments should restart . What I'm wondering is who sets up the hearing . Does my lawyer contact the court our is it up to the court to open it back up . The reason I'm asking is the appeal board made there decision 7 weeks ago and Iv not heard anything about a hearing being scheduled . That's why I'm wondering if its up to my lawyer to ask for a hearing . I'm kinda in a rush becaus I can not work and my payments stopped over 2 years ago and now I'm on the verge of losing my house . If anybody has any thoughts on this please let me no .

[1171]

I'm still unclear if the court is just suppose to reconsider their previous opinion in light of the appeals board recent guidance or are they to accept new evidence and come up with a new opinion based on a new set of evidence.
reopening discovery and allowing both parties to submit new and additional evidence could take quite a bit longer.
reconsidering the current record with no new evidence could be much faster.
if indeed they will allow both parties to submit additional evidence then either party can file for a hearing once they are prepared.
your atty would know the which is the case and the status of any new evidence to be submitted.

[Seven]

The letter I got from the appeal board said I would have to testify saying I'm still injured I do not need any medical evidences like a docters report our

x-rays . Just as long as I'm still hurt and unable to work . I no it sounds weird but that's the way the state superior court said it . Then the insurance company's lawyer most show evidences that I'm able to work now . I red of. Bunch of cases that have already gone through just like this and the people's workers comp payments have restarted plus they get the back WC payments starting frome the day the court decided the Protz IRE case that's June 15 2017 . Like I was asking in my last post I still do not no if its up to my lawyer to ask for a hearing our does the court schedule one automatically . Last time I talked to my lawyer he said we just have to wait for the hearing now he never told me who schedule the hearing and its been over 7 weeks sinces we heard about the appeal . I no I have said were I'm from before but just to make sure it's Pennsylvania .

[1171]

They will notify your atty the time and date when the court wants your statement. You don’t have to do anything.

[Seven]

1171 . Thank you for the help you have given me . I no I should be talking to my lawyer about this stuff but its near impossible to get in touch with him . And when I do talk to him I still have no idea what's going on . I get more information on the Internet and by asking questions on this fourm .

[1171]

(10-07-2018, 07:22 PM)Seven Wrote: 1171 . Thank you for the help you have given me . I no I should be talking to my lawyer about this stuff but its near impossible to get in touch with him . And when I do talk to him I still have no idea what's going on . I get more information on the Internet and by asking questions on this fourm .

Unfortunately That’s a common complaint.
Glad I could help.

[Seven]

Gov wolf signed a new bill which now starts up the IRE system again useing the 6th edition of the AMA guid lines . The 6th edition is the worst one of all of them . The new law did decrease the amount you would have to reach from 50 percent to 35 percent which really does not make any difference . My hearing to restart my workers comp is in a couple of days we've been fighting to get it restarted for almost a year and a half . The appeal board sent it back to the judge to see if I'm still hurt . How will this new law affect my case . Will I have to have another IRE done and if it comes back under 35 percent would my workers comp stop again . Iv called my lawyer when I found out about the new IRE system but Iv still not heard back . Was this past year and a half a wast of my time thinking I would start getting workers comp again . I was very happy when we won the appeal and it was sent back to the judge because I'm still unable to work but it looks like there pulling that rug from under me to .

[1171]

Unless it states otherwise new laws apply on their effective date. For comp it’s generally for new dates of injury — as the carriers/employers have to change the premium calculation for upcoming policies.

[Seven]

1171. So what your saying is this law will apply to new workers comp claims on are after the date the bill was sign. And unless stated in the new bill past cases are exempt . And again thank you for your help I only wish my lawyer would help the way you do .

[1171]

Yes.
I haven,t found the bill but new laws with new benefit provisions are rarely dropped on claims that have already been charged to past employers.
Since the policy is paid for long before the claims come in, retro benefit changes can crash the whole system.