Workers' Compensation Law Board Certification by the PBA

To earn the designation as a certified specialist in the area of workers' compensation law, the attorney must establish that he or she has:

• been admitted to practice in the Commonwealth of Pennsylvania;
• been actively engaged in the practice of law for a minimum of five years;
• devoted a minimum of 50% of his practice to the specialty field of workers' compensation;
• directly participated over the past five (5) years in a minimum of seven (7) of the following categories of workers' compensation litigation:
• claim petitioners;
• fatal claim petitions
• specific loss claims;
• utilization review;
• Occupational Disease claims under Section 108 of the Workers' Compensation Act;
• Termination Petitions;
• Suspension Petitions;
• Modification Petitions;
• Compromise and Release proceedings;
• Appeals before the Workers' Compensation Appeal Board;
• Appeals before the Commonwealth Court; and
• Appeals before the Supreme Court.
• directly participated in both direct and cross-examination of at least twenty-five (25) medical, vocational, or other expert witness depositions;
• submitted three samples of any of the following documents authored by the attorney:
• Proposed Findings of Fact, Conclusions of Law and Brief submitted to a Workers' Compensation Judge;
• Briefs filed before the Workers' Compensation Appeal Board;
• Petition for Supersedeas and/or Answer to Supersedeas before the Workers Compensation Appeal Board and/or Commonwealth Court; and
• Briefs filed with the Commonwealth Court.
• showed proof of completing the designated number of Mandatory Continuing Legal Education (MOLE) hours in the field of workers' compensation over the specified period;
• passed a four-hour examination on topics related to workers' compensation.

Topics for the examination include: 

• Preparation of all types of Petitions and Answers;
• The Elements of a Disability Claim, a Specific Loss Claim, and a Death Claim;
• Jurisdictional Issues;
• Exclusion from coverage of the Workers' Compensation Act;
• Occupational Disease Claims under Section 108 of the Worker's Compensation Act;
• Exclusive Remedy;
• Time Limitations;
• Average Weekly Wage;
• Deposition and Discovery;
• Direct and Cross Examination of Fact Witnesses, Medical Witnesses, Vocational Rehabilitation Witnesses and other Expert Witnesses;
• Presentation of Medical Evidence;
• General Evidentiary Principles Applicable to Workers' Compensation Proceedings;
• Supersedeas Fund and Subsequent Injury Fund Claims;
• Offsets, Credits and Subrogation;
• Interest, Costs, Attorney Fees and Penalties;
• Change of Statute for Suspension, Modification and Termination of Benefits;
• Commutation and Compromise and Release;
• Mediation;
• Briefs, Findings of Fact and Oral Argument before Workers' Compensation Judges;
• Special Rules of Administrative Practice and Procedure before Workers' Compensation Judges;
• Appeals to Workers' Compensation Appeal Board;
• Original Petitions to Workers' Compensation Appeal Board;
• Special Rules of Administrative Practice and Procedure Before The Workers' Compensation Appeal Board;
• Supersedeas before Workers' Compensation Judges, Workers' Compensation Appeal Board and Commonwealth Court; Appeals to Commonwealth Court and Supreme Court; Pennsylvania Rules of Appellate Procedure;
• Briefs and Oral Arguments before Workers' Compensation Appeal Board, Commonwealth Court and Supreme Court; and
• Pennsylvania Rules of Professional Conduct.

Attorneys in Pennsylvania who earn this distinction are allowed to use the following language in advertisements:

"Certified as a specialist in the practice of workers' compensation law by the Pennsylvania Bar Association's Section on Workers' Compensation Law as authorized by the Pennsylvania Supreme Court." The goal of specialty certification is to help the public make a more informed decision when choosing an attorney.

The attorney must also maintain their certification by paying an annual fee of $90. The attorney must also report the completion of continuing legal education (CLE) credit from the Supreme Court Continuing Legal Education Board including a set number of hours that must be devoted to the field of workers’ compensation. See Section 6.a.1.g) of Article IX of the PBA Workers Compensation Law Section Bylaws.