The Practice of Pennsylvania Workers' Compensation in the Wake of COVID

A Commentary on the Nature of Our Practice

I’m not superstitious. Well… I wouldn’t dare wear an opponent’s colors on Eagles or Nittany Lions gameday, but things like Friday the 13th don’t bother me. On thisFriday the 13th, I’m particularly thankful that’s the case.
Today marks the second Friday the 13th of theyear, the first year since 2015 with back-to-back Friday the 13ths, and the first Friday the 13th in March since March 2020, the month in which the world and (my world) the practice of PA Workers’ Compensation changed forever.
While the COVID era was terrible, it effected a few positive changes. I want to share my Top 3 List with you as it pertains tothe practice of PA Workers’ Compensation.

(1) Virtual hearings: “Back in the day,” I would put around 32k miles a year on my car attending in-person hearings and depositions. The miles add up when your day is Philadelphia to Allentown toScranton.

When we shut down in 2020, we adapted quickly.Virtual hearings started within weeks. Some were concerned that the virtual setting could not be as effective as an in-person one, but in my opinion there has been little to no impact in most cases. In fact, sometimes I feel more effective being able to observe a claimant, opposing counsel, the Judge, and my notes at the same time. Certain scenarios might require in-person hearings, but virtual-by-default is a nice change.

(2) We are One Commonwealth: Sorry! I couldn’t resist the Penn State shout out. Early in my career I learned that rules and procedures differed by city, hearing office, and judge. Over time, these became second nature because I was consistently practicing in front of the same judges. However, much of the Commonwealth still seemed foreign; I almost never had an event in Western PA.
As virtual events became popular post-covid, I started having mandatory mediations with judges from Central and Western PA.Now, my clients and I request voluntary mediations with judges from across theCommonwealth. Overall, the ability to have virtual events has really made theCommonwealth feel smaller and tight-knit.

(3) Executing Documents: Prior to COVID a hearing day often involved watching a frenzy of attorneys attempting to obtain the required signatures for a C & R. We often wondered why witness signatures were needed when the claimant would testify under oath that they understood the terms of the C & R before the Judge approved settlement.
In the wake of COVID, the Bureau revised the process, allowing electronic signature and submission for many documents. Like the introduction of virtual hearings, this has made the practice far more efficient.

It’s crazy to think that it’s been 6 years since the Friday the 13th Covid upheaval. Luckily, even nightmares can have a few positives!