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Pennsylvania Legislative Update
On November 9, 2006, Governor Edward Rendell signed Act 147 of 2006. The major changes in the law are as follows:
- Beginning January 1, 2007, the minimum compensation rate for any claimant that is receiving workers' compensation benefits for an injury that pre-dated August 31, 1993 will be $100 per week.
- Workers’ Compensation Judges must set forth a mandatory trial schedule at the first hearing. This trial schedule will include specific deadlines and will be strictly enforced.
- The Office of Adjudication shall create a resolution hearing procedure to hear compromise and release agreements within fourteen (14) days of notice of a commutation or compromise and release.
- A Workers’ Compensation Judge must render a decision within five business days of the Compromise and Release Hearing.
- The department of adjudication shall not assign more than 75% of the petitions of a particular county to any one judge of that particular county.
- The Bureau has created the Uninsured Employer’s Guaranteed Fund. This Fund is separate from the guarantee fund for insolvent insurance companies and insolvent self-insured employers. Initially, one million dollars will be transferred from the administration fund and then insurers and self-insured employers will be assessed as necessary to provide an amount sufficient to pay outstanding claims.
- All claims in litigation will be scheduled for mandatory non-binding mediation unless the Workers’ Compensation Judge (WCJ) determines that mediation would be futile.
This mediation will occur no later than thirty days prior to the date set for filing proposed findings of fact, conclusions of law, and briefs.
Each Judge Manager will set up procedures for assignment to a Workers’ Compensation Judge for their respective offices. These procedures may differ. For example, in Pittsburgh all mediation assignments will be assigned to a WCJ that is not handling that particular case while in Harrisburg the WCJ already assigned to the case may conduct the mediation hearing.
Some WCJ’s will be conducting mediation for the first time.
The involved parties do not have a say as to which WCJ is assigned to mandatory mediation.
Voluntary mediation is still a viable option and the involved parties do have a say as to which WCJ is assigned to voluntary mediation.
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