May an attorney from New York represent in a Pennsylvania Workers Comp case if I decide to switch counsel?

Asked in Perkasie, PA , on Mar 10, 2014

The present attorney rarely contacts me back when contacted in any form. Never an update at least monthly, I have to inquire. Injured 4/4/13 waiting for 2 surgical approvals submitted by Manhattan specialists. Injury now becoming a partial disability issue as nerve damage deteriorating extremity. Are there guidelines attorneys must adhere to and whom can I contact regarding this also? Workers Comp case in Penna. but not satisfied w/treatment after 90 days, mis-diagnosis.Thank You!

Answered on Mar 10, 2014

As indicated, you must be licensed in PA to handle the case in PA. In non administrative cases you can have pro hac vice filing for an out of state attorney. However, I have never even thought about that in the administrative context and would not know the procedure. Feasibly an out of state attorney generally does not want to get involved in administrative matters that require a hyper understanding of local agency law. As an aside, it is not clear, but it sounds like you are having a hard time treating in NY on a PA WC claim. If you looked into PA surgeons it make more a little quicker. I have seen some confusion and miscommunication in the past when treatment overlaps borders. It is compensible you just see some issues with health providers missing the translation. Also the panel doctors during the first 90 days often produce a misdiagnosis favorable to the employer/insurer, captive doctors are one of the really unfortunate parts of the PA practice. Good luck.