This book is a statewide collaboration between the bench and bar.
In 2017 the PBA Workers’ Compensation Bench Bar Committee conducted a CLE on streamlining procedures and improving communications between practitioners and judges. In response to the overwhelmingly positive feedback received at that forum, a permanent standing committee is now in place to review and recommend ways to refine and improve workers’ comp practice in Pennsylvania.
The 2019 Best Practices manual is written by distinguished judges and attorneys who analyze the top issues including preparedness, professionalism and communication in relation to:
- WCAIS
- Hearings and Mediations
- Evidence
Summary of Contents
Hearings and Mediation
- Effective Pre-Hearing Strategies
Claimant’s Counsel’s Strategies Regarding Notification of Representation
Scheduling of Hearings
Discovery
Things to Request Prior to the First Hearing
Reviewing WCAIS Prior to Hearing
Know the Format of the Hearing(s) – 1-Day Trial vs. Serial Hearings
Judge’s Scheduling Order: Cost Effective Considerations May Lead to More Practical Results
- Conduct and Goals to Accomplish at the Hearing
Know Your Judge
Communication
From the Judge’s Perspective: Organization and Preparation
Confidence in and Respect for Self, the Bench, and the Bar
Communications with the WCJ/Opposing
Subpoenas
Exhibits
Tips for Dealing with Exhibits
Depositions
Deadlines/Extensions
The Basics
Mediation Statements/Memorandum
Mediation Best Practices
Mediation Process/Format
- The Well Prepared Lawyer: Hearings and Mediations (Slides)
Effective Pre-Hearing Strategies
Conduct and Goals to Accomplish at the Hearing
Post Hearing Follow Up
Mediations
Evidence
- Well-Prepared Lawyer Using Technology
Skyping: Judge Cicola’s 10 Tips to Judges on Using Skype and Queena Baumbach’s Tips to Attorneys
How to Use WCAIS on a Mobile Device
- Best Practices in Workers’ Compensation – Evidentiary Reminders
- Best Trial Practices (Slides)
Pre-Trial Planning ‐ with Mediation Favored
First Hearings are More Important Than Ever
Thoughts on Trial Strategy
Trial Strategy – Ask for a Ruling
Preparation of Exhibits and Witnesses
Law by the Seat of One’s Pants?
Prepare the Witness to know the Weaknesses
Trial Strategy and WCAIS
Is a WCAIS Exhibit in Evidence?
Decorum and Respect for the Profession
Decorum and Professionalism
- Select Rules and Regulations Regarding Depositions
Pa.R.E., Rule 803. Exceptions to the Rule Against Hearsay – Regardless of
Whether the Declarant Is Available as a Witness
Pa.R.E., Rule 703. Bases of an Expert's Opinion Testimony
Pa.R.E., Rule 702. Testimony by Expert Witnesses
Regulations § 131.62 – § 131.67
WCAIS
- The Well-Prepared Lawyer – Professional and Ethical Use of the WCAIS System
Communications between the Judges and Attorneys
- What Communications Can Be Sent by the Judge and Seen by Attorneys from the Dashboard?
- What Communications Can Be Sent by the Judge and Seen by Attorneys from the Dispute Summary of an Open Dispute?
- What Attorney Communications does the Workers’ Compensation Judge See on the Dashboard?
- What Attorney Communications does the Workers’ Compensation Judge See from the Dispute Summary?
EDI Forms Solution
- All Attendees Need to Learn About It
- Notice Stopping Temporary Compensation Conflict
- Michael H. White v. Metropolitan Edison Company
- Where to Find Training and EDI Documentation Guides, Supplements, Reference Sheets
- Claims Summary
Ethical Considerations
- The Golden Rule
- WCJ Rule 131.81
- WCJ Rule 131.13
- Rule of Professional Conduct 1.1
- WCJ Rule 131.11
- WCJ Rule 131.56
Communications between the Judges and Attorneys
EDI Forms Solution
Ethical Considerations
Forms Solution Form to Transaction Guide
EDI Quick Reference Guide for Attorneys
FROI and SROI 02 Mapping Reference Sheet