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  1. #1
    Join Date
    Mar 2010
    Location
    chicago
    Posts
    222

    Default How Do Workers Comp Appeals Work

    My w/c case is going in front of 3 commissioners becasue of the appeal. The attorneys have filed BRIEFS he told me that i can't be there when the case comes up. i understand the otherside can appeal the case to the state of illinois. if they lose again. has anyone had this happen and why. could it be they are sorry losers? or because i work for a world wide corporation with deep pocketss? i was told by the case nurse 18 month ago,"that w/c is there so you get fixed up and can return to work" RIGHT

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: How Do Workers Comp Appeals Work

    The only reason for appeal, whether it's you or the defense is because you/they dislike the current finding by the judge, and think they have a better case. Either side has the opportunity to appeal...all the way to the State Supreme if necessary.

    WC medical care is provided to a stable condition, MMI. At that point, it is expected you will return to work, whether that's with preinjury ER or job, doesn't matter.
    Even if you are offered VR services and capable of minimum wage as burger flipper.... that counts as a "return to work" or gainful employment. There may be additional wage differential benefits, depends on the statutes.
    ...could it be they are sorry losers?
    Of course. The only time a ER/IC is not a 'sorry loser' is if the claim was never filed. Regardless of the dollar amount of benefits paid in a claim, they're sorry about it. That doesn't mean ''sorry'' you were injured.

  3. #3
    Join Date
    Jul 2010
    Posts
    36

    Default Re: How Do Workers Comp Appeals Work

    Very common for insurance companies to appeal arbitration decision, primarily it costs them virtually nothing to do it. The cost is interest, which is tied to the prime rate; these days, almost nil. What happens is your case will be assigned a "return date on review" which means that a transcript of your hearing must be reviewed and filed by that date. Then the appealing party's brief is due 30 days later, yours 30 days after that. The case is scheduled for an oral argument a month or two later, and then the commissioners will issue a decision from 1-9 months after that (depending on type of case--usually 3-6 mos). After that decision is rendered, either side has 20 days to appeal the case to civil court, where the same process takes place (another 6-12 months), and after that decision, either party can appeal to the Appellate Court within 30 days, same thing again. Within 30 days after that, either party can petition for review before the Supreme Court. Once the case is in civil court and above, the interest is 9% which can add up. Generally the cases make it to civil court on legal issues, not issues of crediblity or fact. However, insurance companies often abuse this and appeal anything.
    Christopher Freeman, Esq.
    Representing injured workers throughout Chicagoland and the State of Illinois
    http://www.attorney-freeman.com

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: How Do Workers Comp Appeals Work

    ...insurance companies to appeal arbitration decision, primarily it costs them virtually nothing to do it. The cost is interest, which is tied to the prime rate; these days, almost nil.
    LOL... isn't the current prime about .25%... when you consider the amount of money IC's place in overnight deposits...loaning to the Fed... they make ten times the money its costing them in interest on the money the claims under appeal are costing. (hope I made that clear...)

    Those reserves are making the carriers TONS of money in interest, just on weekends. Premiums pay claims and wages...interest income pays the stockholders, and CEO bonus'.

  5. #5
    Join Date
    Jul 2010
    Posts
    36

    Default Re: How Do Workers Comp Appeals Work

    No doubt about that. Even when you win, you lose. It's their world and we're all just living in it.
    Christopher Freeman, Esq.
    Representing injured workers throughout Chicagoland and the State of Illinois
    http://www.attorney-freeman.com

  6. #6
    Join Date
    Mar 2010
    Location
    chicago
    Posts
    222

    Default Re: How Do Workers Comp Appeals Work

    thanks for the answers. if it goes to civil court and they lose again the odd's of them appealing the case are good or maybe not.true statment? ADVICE PLEASE do i try to settle the case or what? I'm running out of money thanks

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