What Determines If I Need To Appear Before The Workers Compensation Appeals Board?

The Workers Compensation Appeals Board is a judicial body that reviews the lower decision concerning a worker’s compensation claim for benefits for benefits based on a work related injury or illness. The aggrieved claimant can appeal an adverse decision concerning their claim for benefits to the Appeals Board. The determining factor in whether or not a claimant needs to appear at the hearing before the Appeal Board depends on the facts specific to each claim. The Appeal Board hearing is being afforded to the aggrieved claimant for the reason that he disagrees with the lower judicial decision concerning his claim for benefits. In the low court the claimant failed to provide satisfactory facts to support a finding in his favor allowing him benefits, he did not show a valid disability due to the injury, or a loss of employment income or perhaps the income level was not properly substantiated.

Review Board Fact Finding

In some States the Appeal Boards may not find facts. The Board may only review the facts and witness credibility already determined by the lower administrative judge. In that situation an appearance at the appeal hearing by the claimant may not be necessary if he is represented by an attorney because no new testimony or evidence will be considered. On the other hand, appearing will show interest in the case and the outcome that may be worth making an appearance to let them know you are still engaged in the case.

Appearing At the Appeals Board Hearing

If the claimant appears at a Appeals Board hearing in a State where he will be allowed to provide new case related evidence then he should be ready to use his time wisely by providing the reviewing judges with clear, concise testimony and documentary evidence supporting his work related injury or illness and his rate of pay before the injury or illness caused him to be unable to work. Whenever testimony is allowed concerning an illness or accident at work the best and most accurate testimony often comes from the person that suffered the injury in fact. Judges are aided by seeing the face of the person that was injured and having an opportunity to question him concerning elements of the claim that may be troubling to them.

Getting Legal Help

If you or a member of your family has been involved in a worker’s compensation case and claim arising from a work related injury or illness and you are at the Appeal Board level considering an appearance at an appeal hearing it may be important to contact a disability lawyer to discuss the circumstances of your case and the upcoming hearing.

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