Workers’ Compensation Appeals

If an insurance company denies your workers’ comp claim, you can request a hearing with an arbitrator (in Illinois) or administrative law judge (in Missouri). Once your medical condition has stabilized and no additional treatment will enable you to recover any further, an arbitrator will conduct a hearing in a setting similar to a trial.

If the arbitrator or administrative law judge presiding over your case decides to deny your claim, you have the option to continue the workers’ compensation appeals process. It is best to have a qualified attorney by your side to navigate your appeal. The workers’ comp attorneys at Nelson & Nelson have the experience you need to file an appeal and we are committed to fighting for you! Contact us today to further your workers’ compensation appeal.

After the arbitrator or administrative law judge makes the decision to deny your claim, your case could go through the following appeals process, and here is what you need to know:

Administrative Appeals in Illinois

To appeal an arbitrator’s denial, you will need to submit two copies of a petition for review and a written explanation of your decision to appeal to the Illinois Workers’ Compensation Commission (IWCC) within 30 days. Also, within 35 days, you will be required to file either a statement discussing the agreed-upon facts presented at the arbitration hearing or a transcript of the hearing.

Deadlines are very important — if you fail to file the necessary documents in time and don’t receive a deadline extension, the arbitrator’s decision will become final. That is why it is crucial that you meet with our workers’ compensation lawyers right away so we can promptly begin the process. The next level of appeal is a commissioners’ appeal.

Commission Appeal in Illinois

A panel consisting of three commissioners will review all evidence that was used in the arbitration hearing along with the arbitrator’s decision. They will also look over written arguments from both you and the insurance company. In some cases, oral arguments may also be required if one or both sides request a panel hearing.

Following the presentation of evidence and arguments, the commissioners will make their decision within 60 days. If you wish to appeal their decision, the next step will involve going through the state court system. The process will begin with the local circuit court.

Circuit Court Appeal in Illinois

The circuit court appeal will take place in the county where the work accident and injury occurred. You will need to meet different service requirements, and the court has higher standards for review. If you want to reach a favorable decision during the circuit court appeal, you will need to prove that the IWCC’s decision is invalid based on the evidence presented. A skilled workers’ comp lawyer can help build a strong case for you.

Again, you will face strict deadlines for making the appeal. If you are still dissatisfied with the decision that the circuit court makes, you can bring your case to the appellate court.

Appellate Court Appeal in Illinois

Both the insurance company and claimant have the option of appealing to the Illinois Workers’ Compensation Commission Division of the Illinois Appellate Court. Keep in mind that the appellate court appeals process entails extensive briefing.

Illinois Supreme Court Appeal

A supreme court appeal will only be granted with leave of the court. The Illinois Supreme Court is the last court that will see the case if you wish to appeal the appellate court’s decision. The decision made at this point in the workers’ compensation appeals process will be final, and you won’t be able to take the case any further.

Administrative Appeals in Missouri

To appeal the decision of an administrative law judge, either party may ask the Labor Commission to review the award by filing an application for review within 20 days following the date of mailing or notification of the decision. An application for review must be filed in writing with the Labor Commission. A party may apply for review by letter for my using the Labor Commission’s Application for Review form.

Commission Appeal in Missouri

To appeal the decision of the Labor Commission’s decision to the Missouri Court of Appeals, either party must file a notice of appeal with the Labor Commission within 30 days after the Labor Commission issued its award. The appeal must be filed using Form 8-C, Notice of Appeal. A check for the docket fee of $70 should be made payable to the clerk of the appropriate appellate court and must accompany the Notice of Appeal. The Labor Commission will forward the notice of Appeal and the docket fee to the Court of Appeals.

Appellate Court Appeal in Missouri

Both the insurance company and claimant have the option of appealing the Labor Commission’s Decision to the Missouri Court of Appeals. Keep in mind that the appellate court appeals, just like in Illinois, process entails extensive briefing.

Missouri Supreme Court Appeal

The Missouri Supreme Court will only hear a case if it grants leave of the court. The Missouri Supreme Court is the last court that will see the case if you wish to appeal the appellate court’s decision. The decision made at this point in the workers’ compensation appeals process will be final, and you won’t be able to take the case any further.