Philadelphia, PA asked in Workers' Compensation for Pennsylvania

Q: Final judge decision in workers comp

I'm in a final decision with the workers compensation case. I have been seeing my doctor for 13 months for carpal tunnel and cervical issues. I take four medications for pain and wrist guards. I have seen the ime doctor twice already. I also see a physical therapist twice a week. My question is how does a judge determine decision?

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2 Lawyer Answers
Glenn Neiman
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Answered
  • Workers' Compensation Lawyer
  • Warminster, PA
  • Licensed in Pennsylvania

A: That's a hard question for us to answer here, without knowing either who the Judge is, or what evidence has been presented. Your attorney would be in far better position to give an answer to this question. That said, Judges are human. They review the evidence and consider who they believe. We could never predict how the Judge would interpret the evidence with no information.

Timothy Belt agrees with this answer

Timothy Belt
Timothy Belt
Answered
  • Workers' Compensation Lawyer
  • Hazleton, PA
  • Licensed in Pennsylvania

A: First, the judge only considers what is in the record. Information that has not been made part of the record through testimony or an exhibit is not considered.

Second, the judge makes determinations regarding credibility. In short that is which evidence or witnesses he finds believable. The judge does not have to believe a witness and the judge can believe part of what a witness says and not believe other parts. This can be a problem in a claim where your doctor's opinions are based in large part on what you told them. If the judge does not believe you, he will also not believe the doctor to the extent that the doctor's opinions are based on what you said.

Finally, the judge applies the law to the evidence that he found believable and decides whether or not you have met the legal standard to receive benefits.

A lot goes into each of the three steps above, but that is a general overview of the process.

1 user found this answer helpful

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