Generally, NO. Workers’ Compensation Judges are assigned cases by the Bureau of Workers’ Compensation and supervised by the Director of Adjudication. While the Director of Adjudication can make reassignments; they generally won’t just because a claimant or employer doesn’t want or like the Judge assigned to a particular case. There are obvious reasons for this policy: Judges decide cases and one side wins and one side loses unless there is a compromised settlement. The Bureau does not want to encourage “Judge Shopping” That said, The Bureau and the Director of Adjudication have power inside the Bureau to make changes in case assignments for a variety of reasons; however, this is kept “under wraps”.
The Judges Rules do have a provision for Recusal; meaning a formal process by which a Judge can be asked to step aside and have the case reassigned to another Judge. This has to be for a good cause shown such as a conflict of interest. Sometimes, a Judge will recuse themselves if they feel they can’t fairly hear a case. When this occurs, the Director of Adjudication reassigns the case to a different Workers’ Compensation Judge. Often times. a Jude is assigned a case by mistake. Cases are usually assigned based upon the injured workers’ zip code. If you live in Chambersburg and your workers’ comp case gets assigned to a York workers’ comp judge, this can easily be fixed with a re assignment.
The Workers’ Compensation Appeal Board has the power to Remand (send back) appealed cases where the Appeal Board concludes that the Workers’ Comp Judge applied the wrong legal standard in deciding the case. The case often goes back to the same Judge. So, you better win in front of the Judge the first time. The WCAB will not review credibility determinations which is the deciding factor in over 97% of cases. Thus, it is important to have a competent workers’ compensation attorney to represent you to increase your chances of winning. You do not get a second bite at the apple. There has been a great deal of change in the credentials required of Workers’ Compensation Judges in Pennsylvania. Prior to the mid 1990’s, they were called Referees and came from a variety of backgrounds including union officials, insurance adjusters and lawyers working part time. They were a colorful bunch. In the early 1990’s, the AFL-CIO sponsored a training course to help union officials take and pass the WC Judge exam. Three were hired; one of whom is still on the bench. The law changed in the 1993 and required all new Judges to be attorneys and disbanded the Jude’s union. This came as a result of calls to “professionalize” the WC Referees. One former Commonwealth Court official even called for all the cases to be decided by a staff of Judges working in Harrisburg instead of out in the Counties. While the change in title from Referee to Judge sounds like a promotion; it wasn’t. The WC Judges have less power now than they did before the law change and are more closely supervised by number crunching middle management with an emphasis on form over substance. The Workers’ Comp litigation system has become increasingly more complicated in recent years and the Workers’ Comp Judges have become more technical and less colorful. One thing has not changed: it is hard for a Claimant to get a different Judge.
The law firm of Calhoon and Kaminsky P.C., represents injured workers and Social Security Disability applicants throughout Pennsylvania, including (but not limited to): Allentown, Altoona, Bellefonte, Bethlehem, Bloomsburg, Carlisle, Chambersburg, Easton, Enola, Fayetteville, Gettysburg, Harrisburg, Hazelton, Hollidaysburg, Huntingdon, Lancaster, Lebanon, Lewisburg, Lewistown, McConnellsburg, Mechanicsburg, Mifflintown, Millersburg, Milton, New Bloomfield, Newport, Philadelphia, Pittsburgh, Pottsville, Reading, Scranton, Shippensburg, State College, Sunbury, Uniontown, Washington, Wellsboro, Wilkes-Barre, Williamsport, York and all cities and towns in Adams County, Allegheny County, Berks County, Blair County, Bucks County, Centre County, Chester County, Clinton County, Columbia County, Cumberland County, Dauphin County, Fayette County, Franklin County, Fulton County, Huntingdon County, Juniata County, Lancaster County, Lebanon County, Lehigh County, Luzerne County, Lycoming County, Mifflin County, Montgomery County, Northumberland County, Perry County, Philadelphia County, Schuylkill County, Tioga County, Union County, Washington County and York County, Pennsylvania.
Calhoon and Kaminsky P.C.
2411 North Front Street
Harrisburg, PA 17110
1-717-695-4722
