Exam 8: Appealing a Workers Compensation Award

The appeal of a workers' compensation case is a mirror image of the original hearing, with witnesses testifying and evidence submitted.

Many states have either expressly or indirectly discouraged lump sum awards because of the temptation that a sudden influx of money can have for some workers.

Unlike filing an original claim, there are no time limits on bringing an appeal of a workers' compensation final decision.

Most workers' compensation cases are settled before they go to hearings.

What is remand?

A determination that the employee is entitled to benefits under state workers' compensation law and the extent of those benefits.

In creating a compromise and release form, only the employer is required to sign the document dismissing the case.

What are the injuries claimed by the injured worker in this case?

Describe the process of creating a compromise and release of a pending workers' compensation case.

How are deadlines calculated for purposes of filing motions and appeals in workers' compensation cases?

What is an appellate record?

How would an appellate court go about modifying a lower court decision?

The name for the award in which the parties have agreed to the full amount of compensation due and filed this agreement, in written form, with the Workers' Compensation Board.

Explain the purpose of the Workers' Compensation Appeals Board.

What is the relationship between courts of appeal and Workers' Compensation Appeals Boards?

Differentiate between the terms used for the parties in a hearing and on appeal.

Why did the attorneys for the employer seek to reinstate the appeal in this case? According to the court, what was the function of the compromise and release agreement in this case?

What is a notice of appeal?

Most state Workers' Compensation Boards consist of seven or more people.

What are some of the critical factors that both employers and employees must consider before offering to settle a case?