After pursuing your claim through a final hearing, you may believe you have no further options for recovering the workers’ compensation benefits you deserve. While the hearing process involves review by an administrative law judge, the final award determination given may not be the final resolution to your case.
If you disagree with the final award determination, you may choose to appeal the decision.
First appeal
According to the Missouri Department of Labor, you may file an application for review with the Labor and Industrial Relations Commission if aggrieved by the administrative law judge’s written award. In your application, you must indicate information such as the award you want reviewed and the reasoning for your application. The LIRC will consider the information in your application, as well as review transcripts from the trial proceedings, and may allow you to file a legal brief or give an oral argument. After considering all the pertinent details, the LIRC may adopt the judge’s award or issue a new award.
Second appeal
Should you disagree with the LIRC’s final award, you may request a second appeal. You may make this request by submitting the appropriate notice with the LIRC. The LIRC may then forward your request to the state’s court of appeals. If you intend to file a second appeal, you must submit your notice to the LIRC within 30 days of the first appeal determination.
You and your employer may not agree on the benefits you deserve after suffering an on-the-job injury, and you may further disagree with the outcome of the hearing process. Pursuing an appeal of your final award may help ensure your claim receives a full and fair review.