How do I appeal a workers' compensation decision?

If you disagree with a workers’ compensation decision, you may file an appeal in Virginia. The specific process for filing an appeal will depend on the particular type of compensation that was denied. Generally, however, you will need to obtain a “Notice of Appeal” form from the Virginia Workers’ Compensation Commission. Fill out the form and submit it to the Commission. You will also need to provide evidence in support of your appeal. This may include documents such as medical reports, transcripts of witness testimony, and other relevant documents. Any evidence supporting your appeal must be filed with the Commission within 10 days of the date the decision was issued. After filing the appeal, the Commission will schedule a hearing. During the hearing, an Administrative Law Judge (ALJ) will hear testimony from both sides and make a decision on the case. If the decision is not to your liking, you can appeal the ALJ’s decision to the Commission. If the Commission does not reverse the ALJ’s decision, you may appeal to the Virginia Court of Appeals. It is important to carefully review the initial workers’ compensation decision and determine if the ruling was in error. If so, you should file an appeal as soon as possible to ensure that your rights are protected.

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