The Review Petition can be filed by an injured worker to correct a material mistake contained in the Agreement for Compensation or the Notice of Compensation Payable (NCP). For example, the injured worker would want to file a Petition To Review when:
The date of injury is listed incorrectly;
There is a mistake in the description of the injury; or the injury is not listed properly;
There is a mistake that was made in calculating your average weekly wage, or compensation rate.
An injured worker may also file a Petition to Review to add or change the Agreement for Compensation or NCP. Very often, the Employer or Insurance Company will list an injury as a "sprain/strain" injury in order to comply with the time requirements of acknowledging a reported work injury. Only after the necessary diagnostic tests, such as an MRI or CT Scan is the actual injury properly known. In this example, if the Employer or Insurance Company refused to expand the definition of the injury voluntarily, the injured worker would need to file a Petition To Review in order to prove the injury was more than a "strain/sprain."
An Employee must file the Petition for Review within three years of the date of the most recent payment of compensation, and the burden of proof for an Employee-filed Petition to Review will be on the injured worker.
The Employer may also file a Petition to Review for the above reasons as well as to review medical treatment or billing.
If you or a loved one believe that a your injury may be listed improperly on the Notice of Compensation Payable, or you need a Petition to Review filed – contact Norfleet and Lafferty to speak with our Pennsylvania workers’ compensation lawyers today. Our Central Pennsylvania workers compensation attorneys in Harrisburg, York and Lemoyne will answer all of your questions and lead you through the complex workers’ compensation process. Call (717) 737-7574 or fill out our case evaluation form.