O'Connor Law

On November 9, 2006, the Workers’ Compensation Act was amended when Governor Edward G. Rendell signed into law ACT 147, which had passed unanimously by both the Pa. House and Senate. These important amendments include the following:

-As of January 1, 2007, workers injured before August 31, 1993 will receive minimum payments of $100 per week on eligible claims.

-The Act also created an Uninsured Employers Guaranty Fund, to provide payment of workers’ compensation benefits to injured workers whose employer failed to maintain insurance coverage for, or self-insure its liability for workers compensation. In the future, insurers and self-insured employers will pay an annual assessment to replenish this fund.

-In addition, the Bureau of Workers’ Compensation will be limited from assigning more than 75% of any workers’ compensation petitions to a single workers’ compensation judge in one county.

-Workers compensation judges will be required to establish a mandatory trial schedule at the initial hearing to include hearing dates, deadlines for the presentation of evidence and a date certain for the holding of a mandatory mediation conference to explore possible amicable resolutions to the pending litigation.

-Attorney fees for compromise and release settlement agreements are now limited to 20% of the settlement amount.

-Provisions for the number and appointment of members of the Workers’ Compensation Appeal Board were enacted along with further internal procedures for the Board and the requirement that each member comply with a code of ethics were included in Act 147.

-The Workers’ Compensation Office of Adjudication in accordance with Act 147 issued an Act 147 Resolution Hearing Procedure on March 13, 2007, which allows either party to request a resolution hearing and provides for the scheduling of a resolution hearing to approve compromise and release (settlement) agreements within 14 business days of a request for such a hearing. The judge holding the resolution hearing is required to issue a final decision within 5 business days of the hearing.

The ever changing amendments to the Workers’ Compensation Act, including those referenced above, highlights the importance of quickly obtaining skilled and professional legal counsel to protect an injured worker’s rights. If you need help navigating the system, please call our office at 800-518-4529 or visit us on the web at www.oconnorlaw.com