How do I appeal a workers' compensation decision?
If you have been denied workers’ compensation benefits in Washington, you have the right to appeal the decision. Appeals must be filed within 60 days of the denial notice. The appeal should include a written document, known as a Petition of Review, which explains your reason for appeal. The petition should include evidence to support your claim, such as medical records or other testimony. Once you have filed your Petition of Review, it will be reviewed by an administrative judge. You will receive notice of the judge’s decision either in person at a hearing or through written correspondence. There are both oral and written arguments available to you in the appeals process. You may also bring witnesses to testify on your behalf at the hearing. If the administrative judge denies your appeal, you have the right to appeal to the Board of Industrial Insurance Appeals. This appeal must be filed within 30 days of the administrative judge’s decision. The Board of Industrial Insurance Appeals will determine whether the decision of the administrative judge was correct. If the Board of Industrial Insurance Appeals upholds the administrative judge’s decision, you have the right to a judicial review by the superior court. You must file your request for judicial review within 30 days of the Board of Industrial Insurance Appeals decision. The superior court will review the evidence and make a final determination on your case. No matter the outcome of your appeal, if you believe that your claim was wrongfully denied, you should seek legal advice from an experienced workers’ compensation attorney. An attorney can help you understand your rights and advise you on the most appropriate course of action.
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