How to Fight a Denied Workers’ Compensation Claim in Portland, OR
If you’ve been hurt on the job, you deserve compensation. It’s that simple. However, many individuals are impeded by the complex process of appealing denied workers’ compensation in Portland, OR. Learn more about the steps you can take to receive the compensation to which you’re entitled.
Step 1 – Request a Hearing within 60 Days
If you don’t agree with your claim’s denial, the first step is to request a hearing in writing within 60 days of the denial. This can be done by sending letters to the Workers’ Compensation Board and the relevant insurer. Alternatively, you can fill in a Hearing Request Form from their website. It is then the board’s responsibility to schedule a hearing within 90 days of your hearing request.
Step 2 – Attend the Hearing
Next, you’ll be assigned to an Administrative Law Judge (ALJ) specializing in workers’ compensation claims. We recommend hiring an attorney to represent you at the hearing—a formal process similar to a traditional court lawsuit. Your attorney can submit evidence, expert opinions, witness testimonies, written arguments, and more to support your case. When the hearing is concluded, your ALJ has 30 days to issue a decision.
Step 3 – Request a Board Review
If you’re in disagreement with the ALJ, you must submit a request for board review. The board consists of five governor-appointed members who can either agree or disagree with the ALJ’s decision. If you still don’t agree with the result, you can submit a request for a judicial review within 30 days of the board’s decision.
Step 4 – Request a Judicial Review
After dealing with the board, you can appeal your case to the Oregon Court of Appeals. It’s important to note that these judicial reviews can take 2 to 3 years. If this is still unsuccessful, your final avenue is to make an appeal to the Oregon Supreme Court.
Don’t hesitate to contact Mark Thesing Inc. for more guidance on denied workers’ compensation claims in Oregon.