Workers' Compensation Appeals Attorney in Allentown

A denied workers’ compensation claim can put injured workers in the Lehigh Valley under immediate financial and medical pressure. But an initial denial from an employer or workers’ compensation insurer does not mean the claim is over. If the insurance carrier issues a Notice of Workers’ Compensation Denial, Pennsylvania law allows injured workers to challenge that decision through the appeals process and seek the wage-loss benefits and medical coverage they may be entitled to.

We represent injured workers throughout Allentown and Lehigh County at every stage of a workers’ compensation appeal. Founder Gregory Boles previously spent years defending insurance companies, giving him firsthand knowledge of how insurers evaluate claims, review medical evidence, and decide when to negotiate a settlement. He now uses that experience to advocate for injured workers. Attorney Gregory Boles also handles client intake personally, so you can speak directly with an experienced attorney from the start.

To protect your rights and review your denial, contact The Boles Firm today for a free consultation.

When you decide to appeal a denied claim, our team works to build a strong evidentiary record from the outset. After we file the formal appeal, we handle the required paperwork, work with your treating medical providers to gather the necessary records and opinions, and advocate for you before the workers’ compensation judge. Acting quickly can help keep your case on track and prevent avoidable procedural delays that could prolong the process.

Employers and insurers deny workers' compensation claims for many reasons. Common justifications include asserting that the workplace injury did not occur during the course of employment, claiming the employee failed to provide timely notice, or alleging a pre-existing medical condition caused the disability.

Under the Pennsylvania Workers' Compensation Act, an insurer must accept, temporarily accept, or deny a reported work injury within 21 days.

If your workers’ compensation claim is formally denied, the next step is generally to file a Claim Petition with the Pennsylvania Bureau of Workers’ Compensation. Pennsylvania law typically gives injured workers three years from the date of the injury to file a petition. However, waiting too long can make it harder to gather important evidence. Starting the appeal sooner can help preserve medical records, employment records, and witness statements while the information is still available.

Once a claim petition is filed, the state assigns the case to an administrative law judge, known formally as a Workers' Compensation Judge (WCJ). In Lehigh County, hearings typically proceed through the Allentown Workers' Compensation Office.

The assigned Workers' Compensation Judge manages litigation, conducts hearings, and evaluates the evidence presented by both sides. This phase functions like a bench trial:

• Both sides submit medical records, formal medical reports, and expert medical depositions.
• The injured employee and defense witnesses provide live testimony under oath.
• The judge reviews documentary evidence, wage calculations, and employment records.

The insurance company will present opposing medical testimony from an independent medical examination (IME) to argue that the injury is not work-related or that the worker has fully recovered. We counter these defense strategies with comprehensive medical attention records, direct physician depositions, and clear factual evidence.

After submitting evidence and legal briefs, the judge issues a binding written decision granting or denying benefits.

If a Workers' Compensation Judge's decision is unfavorable, the next stage of review is the Workers' Compensation Appeal Board (WCAB).

Pennsylvania law imposes strict deadlines at this stage. Under workers' compensation law, you must file an appeal within twenty days of the circulation date on the WCJ's decision. Missing this twenty-day deadline generally forfeits the right to further administrative review.

The WCAB reviews the existing record rather than conducting a new trial or taking new witness testimony. The Board evaluates whether the judge committed an error of law or made factual findings unsupported by substantial, competent evidence. In select cases, the parties may request oral argument before an appeal board panel. The panel then issues a written decision affirming, reversing, modifying, or remanding the case back to the judge for additional proceedings.

If the appeal board's decision remains adverse, an injured worker or the opposing party can pursue further appeals in Pennsylvania's appellate court system:

• Commonwealth Court of Pennsylvania: Under Pennsylvania Rule of Appellate Procedure 1512(a)(1), an appeal of a WCAB decision must be filed with the Commonwealth Court within 30 days of the board's decision date. The Commonwealth Court reviews whether constitutional rights were violated, whether legal errors occurred, or whether findings of fact lack sufficient evidence.
• Pennsylvania Supreme Court: If the Commonwealth Court rules unfavorably, a party may petition the state Supreme Court for an allowance of appeal. The Supreme Court grants review selectively, typically focusing on significant or unsettled questions of workers' compensation law.

Managing these appellate stages requires strict adherence to time limits, detailed legal briefing, and thorough knowledge of appellate precedent.

Appealing a denied workers' compensation claim requires objective analysis and careful presentation of legal and medical evidence. We walk clients through every step of the process with clear communication, straightforward answers, and seasoned case strategy.

Founder Gregory Boles has also authored The Wounded Worker, along with digital resources, to help injured employees understand their options when facing an insurance carrier denial.

If your workers' comp claim was denied in Allentown or anywhere in Eastern Pennsylvania, do not let short statutory deadlines pass. Contact The Boles Firm at 215-398-4514 to arrange your free consultation.