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No Fees Unless We Win

(608) 784-4370

What’s the Appeal Process for a Workers’ Comp Claim Denial?

Workers’ compensation provides essential financial support to cover medical treatment and lost wages after a job-related injury or illness. For that reason, a denial can result in a significant burden on the victim and their family. Fortunately, it’s possible to appeal the decision and fight for the correct damages. Here’s a closer look at the various steps in the process. 

Workers Compensation appeal process

3 Steps of Appealing a Workers’ Compensation Denial

1. Department of Workforce Development

Workers’ compensation is regulated at the state level. In Wisconsin, the first step of appeal involves the Department of Workforce Development. After the denial is received, you can request an appeal hearing with the Department’s Workers’ Comp Division.

An administrative law judge will oversee the process. During the meeting, the applicant and their attorney can provide evidence to showcase the claim’s validity, such as medical evaluations and expert opinions. The judge will either approve the request or deny it. 

2. Labor Commission

When injured workers receive a denial at their initial appeal hearing, they can request another review from the Labor and Industry Review Commission within 21 days. The independent agency accepts both physical and digital filings.

The petition needs to provide a breakdown — with valid reasoning — of why the judge’s ruling was incorrect. Instead of holding a hearing, the commission will review the form and make a decision. 

3. Wisconsin Circuit Court

If the commission sides with the administrative law judge, it’s possible to take the case to the Wisconsin circuit court. Only certain claims qualify for this step. Usually, it requires that there are questions regarding the legality of the past two decisions. In such situations, the court can evaluate the case and the associated laws to determine if the challenge is effective or not.

If you’ve received a workers’ compensation denial, reach out to Fitzpatrick, Skemp & Butler LLC in Onalaska, WI, for a case review. These local personal injury attorneys have provided dependable guidance and effective representation to injured workers across La Crosse County since 1982. Learn more about their services online, and request a personalized consultation at (608) 784-4370.