Orlando Workers' Compensation Appeals
Need to Appeal a Workers' Compensation Case in Florida?
Decisions involving any legal case handed down by the Florida Division of Administrative Hearings (DOAH) and other state courts are not always final. Where a decision was not favorable in a workers' compensation case, you have the option of filing an appeal where it is appropriate.
At the Workers' Compensation Trial Group, our attorneys are well-versed in the laws, precedents, and procedures governing workers' compensation, both at the administrative level, state courts, and the appellate courts. Attorney Brian Dowling is even board certified!
Because of our more than 25 years of combined legal experience specializing in this area of law, we can provide comprehensive legal representation in any case, from an initial filing to courtroom litigation to appeal. This experienced and knowledgeable legal assistance applies at any phase of the process. Our firm is well-versed in the appellate rules and law involved with pursuing an appeal of your case. If you would like to discuss the merits of your appeal, we invite you to contact the firm to arrange for a legal consultation at your earliest convenience.
How Do Workers' Comp Appeals Work in Florida?
If your workers compensation claim has been denied, is is in your best interest to hire an attorney as the appeals process can be complex and intimidating. An attorney can help you understand your legal options and pursue the most appropriate course of action.
Appealing a denied workers' compensation claim in Florida typically involves the following:
- Petition for Benefits: First, you must file a Petition for Benefits with the Office of the Judges of Compensation Claims (OJCC) within two years of the date of your injury or, if you are appealing a specific benefit, one year of your last benefit payment or treatment. Once this petition is received, the insurance company has 14 days to either pay your claim or respond to the OJCC.
- Mediation: Mediation will usually be the first step in the appeals process after filing. This will involve an informal conference with a neutral third party who will help you and the insurance company try to work out a mutual agreement. This should be scheduled within 130 days of filing your petition.
- Pretrial Hearing: If mediation is unsuccessful, your case will be assigned to a workers' compensation judge and a pretrial hearing will be scheduled. This hearing will be to identify the issues of your dispute and allow both you (or your lawyer) and the insurance company to exchange evidence.
- Final hearing: A final hearing will take place within 90 days of the pretrial hearing, at which time your attorney and the insurance company will be given the opportunity to call witnesses and present evidence to the judge. A judge will then review all evidence and issue a decision which will be mailed to both parties within 30 days.
- Appeal to the First District Court of Appeals: If you still disagree with the judge's decision, you may appeal with the First District Court of Appeals within 30 days. Appeals at this level can potentially take more than a year to resolve.
Let Us Help You Fight for the Decision You Deserve. Call (888) 897-2373!
When contemplating an appeal, it is vital that you retain an attorney who thoroughly understands the area of law on which your case is based and who has the skills and resources to make an effective appeal. Appeals are based on extensive legal research, meticulous analysis of legal errors or violations in the original case, the ability to write compelling briefs delineating legal sources for one's argument, or to make oral arguments before the appellate body. Our firm has the requisite skills necessary and will make every effort to help you obtain your legal objectives.
Contact our Orlando workers' compensation appeal lawyer for an assessment of your case.