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What Is A Brief?

  • Owner
  • 01/22/2025

If you injure yourself at work in Pennsylvania and your workers’ compensation claim is denied by your employer’s insurance company, your lawyer will file a petition for workers’ comp benefits on your behalf, and a Judge will hear your case. At the final hearing in your case, you will testify before the Judge — either by video or in the Judge’s courtroom. At the conclusion of the hearing, the Judge will tell your workers’ comp lawyer, “Your brief is due in 45 days” or in some other time frame. The Judge will then inform the insurance company’s lawyer when their brief is due. What is a brief, and is it important to your case? We’re here to tell you.

What Is A Brief?

A brief, short for a legal brief, is a document in which a lawyer argues why their client should win their case. A well written brief can make the difference between your winning or losing your case. In the brief, your workers’ comp lawyer will summarize and discuss all of the evidence in your case, which will likely consist of, at a minimum, your deposition testimony, your testimony before the Judge, your doctor’s deposition testimony, and the insurance company’s doctor’s deposition testimony. It is also possible that one or more witnesses from your employer will testify in opposition to your case. Furthermore, the insurance company may hire an investigator to conduct surveillance on you in an effort to videotape you participating in some strenuous activity — for example, exercising at the gym, doing yard work, or carrying a heavy item into your home. If that happens, the disk of the surveillance will be submitted into evidence, and the investigator may also testify.

What Is The Most Important Part Of Your Lawyer’s Brief

The most important part of your workers’ comp lawyer’s brief is the Argument section in which your lawyer will argue why your testimony and that of your doctor should be accepted as credible over the testimony of the insurance company’s doctor and any other witnesses for the employer. Your doctor may testify that you sustained a herniated disc to your back or a torn meniscus to your knee while the insurance company’s doc07se, you might testify that you slipped on water at the warehouse where you work, landing hard on your back; a co-worker or your supervisor may say they were there when it happened, and you slipped but did not fall. Your lawyer will argue why the evidence supports your version of events and that you sustained the injuries which your doctor said you did, and that you’re not able to return to the job that you were performing at the time of your injury. The insurance company’s lawyer, of course, will argue the contrary — that if you injured yourself, it was minor, you have fully recovered, and you can return to your job with no restrictions.

What Is Case Law?

The lawyers may refer to legal authority to support their arguments — decisions issued by Pennsylvania’s courts, the Commonwealth Court and the Supreme Court. These decisions are called “case law.” Here’s an example of how your workers’ comp lawyer can use case law to your advantage. The insurance company’s doctor doesn’t review all of your medical records and the opinions he renders about your injuries are based on incorrect assumptions on treatment that you received before and after your work accident. Your lawyer could point to case law in which the Court has ruled that a doctor’s testimony in a workers’ compensation case, which is based on incorrect assumptions, cannot be accepted by the Judge. Or let’s say there is a dispute concerning whether your injury occurred during the course of your employment for your employer (this is a requirement for you to be awarded workers’ comp. benefits). Your lawyer may rely on cases which have similar facts as yours in which the Court has ruled that the injured worker was in the course of their employment when their injury occurred.

What Does The Workers’ Comp Judge Do With The Brief

The Judge will then carefully review all of the evidence in your case, read the briefs submitted by your workers’ comp lawyer and the insurance company’s lawyer, and write a decision. The Judge will make rulings on all of the issues in your case: Did you injure yourself at work, and if so, what injuries did you sustain? Did you notify your employer of your injuries? Have you fully recovered from your injuries? Are you able to perform your regular job? If not, are you able to do a light-duty job?

How Does The Judge Make The Rulings?

The rulings on these issues will be based on how the Judge assesses the credibility of the witnesses? Did the Judge find your testimony completely credible, partly credible, or not credible at all? What about the doctors — did the Judge believe your doctor or the insurance company’s doctor? The Judge will decide if you are entitled to workers’ compensation benefits, and if so at what weekly rate (this is based on your wages for your employer) and for how long. If you lose your case completely or partly, your workers’ comp lawyer has the right to file an appeal to the Workers’ Compensation Appeal Board within 20 days. Likewise, if you win your case completely or partly, the insurance company’s lawyer can file an appeal with the Appeal Board.

Hurt At Work? | Need A PA Workers’ Comp Lawyer?

Here’s the most important thing that we can tell you — if you get injured at work, contact Pearson Koutcher Law. Workers’ compensation is all we do; each of our lawyers has more than 25 years’ experience representing injured workers. We will zealously represent you in your case against your employer and its insurance company. At the end of your case, we will write a comprehensive and persuasive brief and submit it to the Judge. Please contact Pearson Koutcher Law today for a free consultation.