What Does Supersedeas Mean—Pennsylvania Workers’ Compensation

In Pennsylvania Workers’ Compensation, the term ‘Supersedeas’ is thrown around often. Many workers or injured employees do not know what this means.

In this article, we’ll discuss what Supersedeas means along with its implications.

What Is Supersedeas?

When you’re receiving Workers’ Compensation, your employer and their insurance provider won’t keep paying you indefinitely. Eventually, your employer will send you for an Independent Medical Examination (IME).

According to the IME, your employer will file for Suspension or Termination petition according to the availability of jobs or full recovery. This petition is Supersedeas.

Readmore about Supersedeas on PA Work Injury Info.

Difference Between Termination And Suspension Petition

The two common petitions by employers given to their employees are the termination and suspension petitions. Here is the difference between the two.

Termination Petition

Termination petitions are filed to request the end to wage compensation and medical benefits. This may be because you’ve been fully recovered from the injury.

Suspension Petition

A suspension petition is filed in order to request the end of wage compensation, but not the medical benefits. The suspension petition is not because of full recovery, but for job availability.

Implications Of Supersedeas

When the employer gives a Supersedeas petition at court, their counsel will show your IME report as well as a job offer to support the Supersedeas. Essentially, the Supersedeas is for stopping your wage compensations on an immediate basis.

The Work Comp Judge will ask for the injured worker’s attorney to bring forth proof against the Supersedeas. The injured worker’s attorney may submit medical evidence and affidavit with the worker’s signature disagreeing with the IME.

When the Judge looks at the evidence from both sides, they will make a decision to either grant or reject the Supersedeas. In case the Supersedeas is granted, the injured worker won’t get more checks. In case of rejection of the Supersedeas, the injured worker will keep getting their checks, while the case will be litigated over the coming few months.

Wrapping Up

This article explained what a Supersedeas is, as well as its implications.

For more information, get in touch with PA Work Injury Info, powered by Cardamone Law LLC.  

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