Workers Compensation
When you are not receiving all the workers' compensation benefits to which you are entitled, it may become necessary to file a Petition for Benefits. This Petition for Benefits form must be specifically completed in order not to be dismissed. After the Petition for Benefits is filed properly, the Judge of Compensation Claims (workers' compensation judge) schedules a mediation conference and then a final trial type hearing to decide the disputed issues.
If you are not receiving all the workers' compensation benefits to which you are entitled or you have questions about your workers' compensation rights, contact Sean McHugh to speak with an experienced workers' compensation mediation and litigation lawyer as soon as possible.
After you have filed your Petition for Benefits detailing the workers' compensation benefits that have not been properly provided, the parties are required to attend a mediation conference in front of a state workers' compensation mediator. Workers' compensation mediation represents an opportunity to resolve any misunderstanding or disputes with your employer or its workers' comp insurer. No evidence or testimony is presented at the mediation. There is no requirement that the mediation result in an agreement, only that it take place.
If the mediation does not result in an agreement, your claim is scheduled for a formal hearing before Judge of Compensation Claims. At this hearing, the same rules of evidence apply as in a civil trial, and each party presents medical evidence and expert medical testimony about the extent and duration of your injury.
If you are dissatisfied with the decision of the Judge of Compensation Claims, you may be able to appeal the ruling to the Court of Appeal. You will not normally receive an opportunity to present new evidence or challenge the facts found by Judge of Compensation Claims, but may argue that the Judge of Compensation Claims misapplied the law or based conclusions on facts not in evidence.
The earlier you involve an experienced workers' comp attorney in your case, the better your chance for a favorable outcome. For more information and a free consultation.