The Steps After a Workers’ Compensation Claim Appeal

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What Can I Expect After I File My Workers’ Compensation Claim Appeal?

Navigating the process of a workers’ compensation claim appeal can be an arduous task! Once your workers’ compensation claim appeal is filed, there are three appeal levels with the Ohio Industrial Commission.

Acquiring legal representation is highly recommended at this point in the process. Moving forward on a workers’ compensation claim can be a daunting, exhausting process without expert legal help in your corner. As your workers’ compensation attorney, I have the resources and experience necessary to advance your case and get the justice you deserve.

Here are 3 levels of workers’ compensation appeals and what to expect during the process:

Level 1— District Hearing

  • This will be heard by an attorney, so attorney representation is highly recommended.
  • Any information that supports the injured worker’s dispute will be presented here.
  • The OIC reviews this information and makes a decision to deny or approve the appeal.
  • If the appeal is denied, it will move into level 2.

Level 2—Staff Hearing

  • Injured workers and employers have a right by Ohio law to appeal the DHO’s decision.
  • Disputes are presented to the Staff Hearing Officer, or SHO.
  • It is then reviewed and if the appeal is denied, written appeals must be filed within 14 days of this decision.

Level 3—Commission Hearing

  • A Commission level hearing is granted on a discretionary basis, and not as a right through the appeals process.
  • Reaching the level of a Commission hearing with legal representation is strongly recommended
  • Commissioners can refuse the appeal or accept it

If you have just filed a workers’ compensation claim, or you are beginning the process of appeals, call my offices immediately.  The Ohio Workers’ Compensation Commission and the claim and appeals process is not an easy system to navigate. As your Ohio workers’ comp attorney, I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving ClevelandAkron/CantonColumbusDayton and neighboring communities. You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4373.

 

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The Steps After a Workers' Compensation Claim Appeal
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The Worker's Compensation appeals process has 3 levels - District Hearing, Staff Hearing and Commission Hearing. Learn what to expect at each level of the appeals process, and why you should consult a legal expert.
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