Dealing with appeals can be stressful and overwhelming. It’s common to feel defeated after a denial, but it’s important to understand that a denial doesn’t automatically mean an end to your claim. Michigan workers have specific rights during the entire appeal process to keep in mind. The best way to handle your claim is by understanding those rights and knowing how to protect them.
When Does a Workers’ Comp Appeal Happen?
A workers’ compensation appeal usually occurs after a legal decision of denying benefits is made. This can include a denial of wage-loss payments, termination of ongoing benefits, or refusal to cover medical treatment. In Michigan specifically, disputes are usually handled by a workers’ compensation magistrate. If either side disagrees with the outcome, then they can appeal to the Michigan Workers’ Compensation Appellate Commission.
Appeals can also come up when an insurance company tries to terminate benefits, and the injured worker decides to challenge that decision. Being able to understand when and why an appeal is appropriate is the first step in protecting your rights.
Your Right to File an Appeal
Injured workers in Michigan have the right to file an appeal geared towards contesting a decision that you disagree with. It’s important to understand that this right must be exercised within strict time limits. Usually, a claim of appeal need to be filed within the deadline explained under Michigan’s Workers’ Disability Compensation Act.
If you fail to file the appeal before the deadline, you can be permanently barred from being taken into consideration. Filing an appeal is what allows you to challenge mistakes in the magistrate’s decision and try and obtain benefits.
Your Right to Legal Representation
You have the right to be represented by an attorney at every single stage of the workers’ compensation process, including during an appeal. Employers and insurance companies almost always have legal counsel that handle their cases, especially at the appellate level.
Appeals are commonly focused on legal standards and issues with the actual procedure, as opposed to emotional arguments. An experienced Michigan workers’ compensation attorney can review the record and point out any errors to present the proper legal argument on your behalf.
Your Right to Submit Legal Arguments (Not New Evidence)
An appeal doesn’t usually involve presenting any new evidence. Instead, the appellate body is meant to review what’s in the existing record to see if there were any mistakes made. This means that the focus is shifted to legal written briefs and arguments based on all of the information that’s already been submitted.
Understanding that an appeal is meant to fix errors and not present a new argument is so important. Having the right legal strategy during this phase is based on demonstrating how the magistrate didn’t apply the law properly or misinterpreted the evidence.
Your Right to Continued Medical Treatment
Benefits can continue during an appeal based on the specific circumstances surrounding your case. In some situations, wage-loss benefits could stop while the appeal is pending if a magistrate ruled against the worker. While this can be the case, certain medical benefits can continue, especially if they were previously authorized.
It’s important to note your status directly after a decision is issued by the court. Knowing whether treatment will continue to be covered can prevent any hiccups in medical care and can help you properly plan out the remainder of your healthcare.
Seeking Legal Guidance
The workers’ compensation appeal process in Michigan is complex. Whether it’s identifying decisions that qualify for appeals or handling written arguments, every step requires the proper legal analysis and strategy. Since insurance companies are known to aggressively defend appeals, having the right legal representation can significantly improve your position.
Duff Law in Grand Rapids is here to provide the exact representation that you might need. Make sure you reach out for your consultation as soon as possible.