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  1. #1
    Join Date
    Jul 2005
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    pennsylvania
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    3

    Default Worker's comp law for Pennsylvania

    My husband was hurt at work. His boss told him not to file wc.....he owned our home so my husband, for fear that he would evict us, didn't file.....more than a year later, he called my husband and told him to file......we went to court, and the judge agreed that there were mitagating circumstances so he allowed for a hearing....we won the case, and naturally they appealed, as well as filed for a supercedeas......we won again........how long do they have to pay us....my attorney said he believes it is 30 days, and then if necessary, he would have to go back in to court.......is this true?
    also.....the appeals court ruled that they had to pay the maximun state interest rate....does anyone know what that is in Pa? my final question is....in the ruling the judge said they had to pay all of our attorney's cost and fee..........does that mean we don't have to pay the 20%? Thank you in advance for any help you could give me.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
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    28,906

    Default Re: workers comp law for pennsylvania

    Quote Quoting mvm522
    how long do they have to pay us....my attorney said he believes it is 30 days, and then if necessary, he would have to go back in to court.......is this true?
    Your attorney is in the best position to know. The time periods he describes would be consistent with providing the other side an opportunity to appeal before a judgment becomes final for purposes of enforcement.

    Quote Quoting mvm522
    also.....the appeals court ruled that they had to pay the maximun state interest rate....does anyone know what that is in Pa?
    Pennsylvania lags a bit behind most other states in terms of getting its laws online. I found references to 6% interest on judgments; but there may be other provisions which allow for greater interest.

    Quote Quoting mvm522
    in the ruling the judge said they had to pay all of our attorney's cost and fee..........does that mean we don't have to pay the 20%?
    Normally that would mean that you are still obligated to pay your lawyer, but (a) if you do so you can recover that expense when the defendant pays the judgment, and (b) sometimes the attorney will wait for the defendants to pay before taking the fee. Without knowing the nature or terms of the judgment, it's hard to know exactly what will happen - but your attorney will probably tell you his intentions if you ask.

  3. #3
    Join Date
    Jul 2005
    Location
    pennsylvania
    Posts
    3

    Default

    thank you for your response.....as for the interest....when we won the original judgement.....the judge awarded us 10% interest on all back monies........when the appeal court ruled on the supercedeas, they ruled for the maximum interest.......I didn't know if that was more or less than 10%...as for the appeal....they never made a ruling, if I read the law correctly, that means it was denied.....is that correct? Also, if you don't mind answering one more question.....can they file for the supercedeas in another court, I know they can appeal the other part to a higher court, but my understanding is they now have to begin to pay the workers comp even if they appeal.....is that correct........thank you for all your help.....

  4. #4
    Join Date
    Jul 2005
    Location
    pennsylvania
    Posts
    3

    Default

    with regards to the above....the appeals court ruled against supercedeas, but did not make any judgemnet on the appeal.......I left that part out......sorry

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Procedural Issues, Post-Judgment

    These are questions that I feel are best answered by your lawyer.

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