Frequently Asked Questions

  1. How long do I have to file a brief?
     
  2. Do I send appeal forms, brief, or other correspondence to your office or directly to the Board Member?
     
  3. Why does it take so long to get a decision from the Board?
     
  4. How long do I have to file an appeal?
     
  5. Are these 20 Business days or 20 Calendar Days?
     
  6. What if the 20th day falls on a Holiday or Sunday?
     
  7. Can I fax my appeal?
     
  8. How many copies of an appeal, brief, supersedeas request or petition must I file with the Appeal Board?
     
  9. What are the hours of operation for the Central Office?
     
  10. What does a Certificate of Service or Proof of Service mean?
     
  11. How do I withdraw an appeal?
     
  12. How do I continue an appeal?
     
  13. How will I know if my request for an extension of time to file my brief is granted?
     
  14. Can I (claimant) come to the hearing even if an attorney represents me?
     
  15. Once I receive a decision from the Appeal Board, can I appeal that?

How long do I have to file a brief?

The appellant’s (petitioner) brief is due before or at the time of oral argument. Opposing party’s brief is due 30 days after oral argument. If oral argument is waived, appellant (petitioner) has 30 days from the date of the acknowledgement letter to file their brief. [See Subchapter B, APPEALS, § 111.16. Briefs: content and form and time for filing.]

Do I send appeal forms, brief, or other correspondence to your office or directly to the Board Member?

All documents should be filed directly with the Central Office of the Workers’ Compensation Appeal Board. Our address is Capitol Associates Building, 901 N. 7th Street – 3rd Floor South, Harrisburg, PA 17102-1412.

Why does it take so long to get a decision from the Board?

Following oral argument of your case, it is assigned to a Board Member for review. The complete record (testimony, depositions and exhibits) must be obtained from the Workers’ Compensation Judge. The case then waits for briefs to be filed by the parties. The record, briefs and notes from oral argument are then reviewed by the Board Member, who authors an opinion and order. This opinion of the Board Member is then circulated to the other members of the Board for their concurrence or dissent. Once all members of the Board who wish to participate have completed their consideration, the opinion is published and mailed to the parties.

How long do I have to file an appeal?

An aggrieved party has 20 days from the date of the WC Judge’s circulation to file an appeal.

Are these 20 Business days or 20 Calendar Days?

It is 20 CALENDAR days.

What if the 20th day falls on a Holiday or Sunday?

You would then have until the following day.

Can I fax my appeal?

The Workers’ Compensation Appeal Board does not accept faxed copies. According to our Rules, all appeals must be delivered in person or by mail. If service is by mail, it is deemed completed upon deposit in the United States mail, as evidence by a United States Postal Service postmark, properly addressed, with postage or charges prepaid.

How many copies of an appeal, brief, supersedeas request or petition must I file with the Appeal Board?

An original plus two copies.

What are the hours of operation for the Central Office?

Our hours are from 7:30 am. to 4:30 p.m., Monday through Friday.

What does a Certificate of Service or Proof of Service mean?

(A) a statement of the date of service; (B) the names of parties and Judge served; and (C) the mailing address, the applicable zip code and the manner of service on the parties and Judge served.

How do I withdraw an appeal?

Send or fax a letter to the Central Office indicating that you wish to withdraw the appeal pending before the Appeal Board and copy all parties of record, including the Judge. An appeal can only be withdrawn by the appellant.

How do I continue an appeal?

The individual requesting the continuance must contact opposing counsel for their agreement. Once that is obtained, contact the Central Office and then mail or fax a confirmation letter to the Central Office. Our fax number is (717) 772-0343.

How will I know if my request for an extension of time to file my brief is granted? 

Extensions are granted at the discretion of the Board Member reviewing your case. Generally, the request for an extension of time will be granted, within reason. Extensions are granted unless denied in writing.

Can I (claimant) come to the hearing even if an attorney represents me?

Yes, our hearings are open to the public.

Once I receive a decision from the Appeal Board, can I appeal that?

Yes, you can. If you are not in agreement with the Board's decision, any aggrieved party has 30 days from the date of our decision to appeal to the Commonwealth Court of Pennsylvania. If you have any questions regarding the procedure to file a Petition for Review, please contact the Commonwealth Court at (717) 255-1650.
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