When you sustain an injury at work you undoubtedly will find yourself in front of the Workers’ Compensation Board. Issues raised before the Law Judge are not the final determination. Both you and the insurance carrier have the right to file an Application for Board Review to a three member panel, of which only one is required to have legal training.
As with most things at the Workers’ Compensation Board, this is not a quick process. The party who appeals the decision of the Law Judge has thirty days to file the appeal and the responding party has thirty days thereafter to respond. Unfortunately, there is not a time frame for the Board Panel to make a decision and sometimes decisions can take up to a year to be resolved.
This process can have an adverse effect on your benefits. Appeals can delay your right to obtain certain treatments as well as your right to wage replacement benefits. The Application for Board Review process is daunting and time consuming.
While no one can stop an insurance company from filing an appeal, we take it upon ourselves to be as prepared as possible and make sure that the opportunity for the carrier to file the application for review is limited as much as possible. This includes providing our clients with every opportunity to reach the right resolution by agreement or settlement. Contact us for a free consultation.