Workers Compensation Appeals Rights and Procedures
Missouri Workers Compensation Lawyer
Roskin & Hoffmann, LLC
Familiarize yourself with the Missouri Workers Compensation appeals process should you be given an insufficient final award for your workplace injury.
Upon being issued an award from the administrative law judge, the employee has the right to file an application for review with the Labor and Industrial Relations Commission within 20 days of receiving the workers compensation award. Appeals of workers comp cases are complex legal matters that require extensive experience. Should you have any further questions regarding work comp appeals not answered in this section, please do not hesitate to contact the experienced workers compensation attorneys at Roskin & Hoffmann, LLC.
First Appeal of Final Workers Compensation Award
The first appeal of a workers compensation Final Award is to the Labor and Industrial Relations Commission by filing an Application for Review. The Labor and Industrial Relations Commission is a three-member panel that reviews the awards of administrative law judges in work comp cases. It will be necessary to file legal briefs with the commission for the first workmans compensation appeal. The Commission may adopt the original administrative law judge’s award or it may issue a new award.
Second and Third Appeal of Final Work Comp Awards
The second appeal may be requested by any party after the commission issues a work comp award after hearing the first appeal. To open a second appeal, a party must file a timely Notice of Appeal to the Missouri Court of Appeals. The Court of Appeals will review the transcript of the earlier trial proceedings and they can only change or reverse the Commission’s workers compensation award based upon legal issues. The Court of Appeals has to abide by the Commission’s findings of fact.
An opportunity for a third appeal exists, but it is extremely rare to a case go this far. The Missouri Supreme Court may accept a case for a third appeal, but this usually only happens in workers compensation cases involving significant legal issues.
Appeal of Temporary or Partial Workers Comp Awards
When the administrative law judge issues a “Temporary or Partial Award,” a party may file a timely application for review to the Commission. Generally, the Commission will not accept applications for review from temporary or partial workers comp awards If the Commission believes the employer’s liability was not contested at trial, then the Commission may dismiss the application for review. Otherwise, the Commission will review the judge’s award in a similar manner as the review of the Final Award. If the Commission issues a “Temporary or Partial Award”, any party may file a notice of appeal to the Missouri Court of Appeals. The Court of Appeals does not have to accept the appeal.
Appeal of Workers Compensation Settlements
You may not appeal a workers compensation settlement where the administrative law judge has approved the settlement. For clerical errors in the settlement, the judge has 20 days from the date of settlement to correct the clerical error only. The administrative law judge can’t void or invalidate an approved workers compensation settlement or change the amount of the work comp settlement once it is approved.
Contact an Experienced Workers Compensation Lawyer
The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined Work Comp experience and we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been injured at work or have questions regarding your appeal rights, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Compensation question. We look forward to helping you. All communications are returned promptly.
Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Learn about your appeals rights and procedures.