Attorney Matt Fendon talks about Workers' Compensation Appeal Cases in Arizona. How many times can we appeal? Contact Matt Fendon Law Group today for a free consultation.
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Matt Fendon Law Group
PHOENIX
1601 N. 7th Street, Suite 330
Phoenix, AZ 85006
Telephone: 602-562-9111
Fax: 602-900-0123
PRESCOTT
7550 E Addis Ave
Prescott Valley, AZ 86314
Telephone: (928) 358-4068
Fax: 602-900-0123
TUCSON
2573 N 1st Avenue
Tucson, AZ 85719
Telephone: (520) 333-6665
Fax: 602-900-0123
FLAGSTAFF
223 N San Francisco Street
Suite 105C
Flagstaff, AZ 86001
Telephone: (928) 358-4068
Fax: 602-900-0123
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Hi, I'm attorney Matt Fendon.
One of the questions that I get often is how many times can I appeal in a workers compensation case? Well, the short answer to that is, typically you only get one appeal per issue. So how it works is, if there's an issue in your claim, let's say, insurance carrier denies your claim, you have 90 days to appeal it. Once you appeal it, it'll be set for hearing with an administrative law judge, that judge will make a determination at the conclusion of the process. Typically, unless it's a question of law, meaning the judge misinterpreted the law, that it's not going to be an issue that you can take up to a higher court like the Court of Appeals. It's kind of a one and done thing at the Industrial Commission, which is where we litigate everything. Another type case that we run into, another type of case that we run into is where somebody has their benefits terminated by the insurance carrier's doctor. In that case, again, you get one appeal, you file a request for hearing what the Industrial Commission is set for hearing. And you have multiple hearings, including your hearing in the hearings for medical testimony. After that's done, the judge makes the determination. Typically, you're not going to be able to litigate that particular issue again. However, you could reopen your claim down the road if you file a petition to reopen if you have a new additional or previously undiscovered condition. It's a very complex process, but the rule of thumb is you basically get one appeal per issue, although they're subject to many exceptions. If you have any questions about this topic or anything else involving Arizona workers' comp, please call our office for a free consultation. We do have offices in Phoenix, Tucson, Flagstaff and Prescott. So we're always looking to helping we're always looking to help injured workers. You can also visit us on the web at www.FendonLaw.net. Thanks and have a great day.
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