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Commonwealth of Pennsylvania |
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POSITION DESCRIPTION FOR JOB POSTING |
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Position Number: 00063863 |
Description Activated On: 1/27/2022 12:17:45 PM |
Position Purpose: Describe the primary purpose of this position and how it contributes to the organization’s objectives. Example: Provides clerical and office support within the Division to ensure its operations are conducted efficiently and effectively. Workers’ compensation judges (WCJs) act as the hearing level judges in adjudicating contested claims under the Workers’ Compensation Act. |
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Description of Duties: Describe in detail the duties and responsibilities assigned to this position. Descriptions should include the major end result of the task. Example: Types correspondence, reports, and other various documents from handwritten drafts for review and signature of the supervisor. Under the supervision of the District Judge Manager: Conducts in-person and virtual administrative hearings adjudicating all issues litigated between employees, employers and insurance carriers under the provisions of the Pennsylvania Workers’ Compensation Act and the Pennsylvania Occupational Disease Act, such as, present, past and future entitlement to indemnity and/or medical benefits, attorney fees and/or penalties for violation of the Act. Manages continuing caseloads of hundreds of cases in a prompt and efficient manner while protecting the due process rights of all parties. Resolves conflicts in evidence or expert opinion independently by determining credibility after a review of extensive hearing testimony, evidence of record, written arguments of attorneys, and applicable case law, then drafts findings of fact, conclusions of law and orders based thereon. Issues prompt final decisions as required by statute, consent decree, regulation and policy. Engages in legal research using a computerized legal research database, or annotated statutes, case reporters, treatises, and other secondary sources to determine the validity of the legal positions advanced by litigants. Possesses knowledge about the Pennsylvania Workers’ Compensation Act and Occupational Disease Act, applicable rules and regulations, case law interpreting these Acts, and rules of evidence. Maintains familiarity with medical anatomy and terminology, medical diagnostic procedures, surgical procedures, and treatment and medication modalities, including the reading of hospital and physicians' records. Maintains competent knowledge of other areas of law that may impact on the adjudication of workers’ compensation cases, such as subrogation; third party settlements and lawsuits arising out of the same injury; labor and employment law concepts; constitutional principles such as due process of law, equal protection of the law, notice, meaningful opportunity to be heard; and other general legal principles such as res judicata, collateral estoppel, and stare decisis. Advises unrepresented litigants as to the nature of the proceedings and procedural rights under the Workers' Compensation Act or Occupational Disease Act. Reviews settlement agreements (compromise and release agreements), valued at millions of dollars annually, holds on-the-record hearings for the settlements which includes testimony to determine whether statutory requirements have been met for approval of the proposed settlements entered into by the parties. Directs and controls all activities in virtual and physical hearing rooms, administers oaths or affirmations, and issues subpoenas for the production of documents or witnesses. Employs extensive alternative dispute resolution training to mediate cases in-person and virtually, in order to facilitate settlement of disputed issues under the Workers' Compensation Act. Performs duties under the guidelines of the ethics code imposed by the Workers’ Compensation Act and obtains 20 hours per year minimum of approved continuing professional development courses. Provides direction to secretaries and other staff members concerning the scheduling of hearings, postponement of hearings, circulation of final decisions and interlocutory orders and other office procedures. Organizes and presents educational programs and seminars on workers’ compensation law and procedure as approved. |
Decision Making: Describe the types of decisions made by the incumbent of this position and the types of decisions referred to others. Identify the problems or issues that can be resolved at the level of this position, versus those that must be referred to the supervisor. Example: In response to a customer inquiry, this work involves researching the status of an activity and preparing a formal response for the supervisor’s signature. Renders final decisions exercising sole discretion and judgment in deciding factually and legally complex cases while meeting statutory requirements. Manages a caseload of hundreds of petitions in litigation and exercises judgment and diligence to ensure that hearings are scheduled timely, that postponement and continuance requests are ruled upon in a timely manner, and that decisions are issued timely; Oversees a secretary and other clerical staff in maintaining the flow of information and legal documents from and to parties and attorneys, scheduling matters in a timely manner, and typing and circulating decisions in a timely manner; Conducts impartial and orderly hearings by exercising discretion and judgment to ensure that all persons at hearings act with, and are treated with, civility; Exercises unbiased judgment in ruling on legal motions and objections in a timely manner; Decisions referred: Reassignment of cases must be referred to the District Judge Manager |
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Requirements Profile: Identify any specific experience or requirements, such as a licensure, registration, or certification, which may be necessary to perform the functions of the position. Position-specific requirements should be consistent with a Special Requirement or other criteria identified in the classification specification covering this position. Example: Experience using Java; Professional Engineer License Experience: Licenses, registrations, or certifications: 1. License to practice law in Pennsylvania 2. N/A 3. N/A 4. 5. 6. |
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Essential Functions: Provide a list of essential functions for this position. Example: Transports boxes weighing up to 60 pounds.
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