Not every case that is appealed is won on appeals. Winning an appeal takes a lot of preparation, but it’s not enough to prepare. You also need a strong legal basis on which to build your appeal. The Oregon appeals court has recently affirmed a lower agency’s decision after reviewing an appeal that didn’t seem to have a strong foundation.
The appeal occurred because a claimant was not satisfied with the findings of the Workers’ Compensation Board. According to the Oregon Court of Appeals media release, the original determination found that the woman could not prevail on a workers’ compensation claim for adding an omitted or new condition. The woman reportedly wanted to claim benefits for radiculitis/radiculopathy.
Originally, the board concluded that the woman had not shown that she had the condition. The woman appealed the board’s decision. The appeal stated that the claimant believed a legal error occurred and that the board could not require her to prove the existence of the condition. She stated that the insurer was required to accept the reported condition.
The appeals court reviewed the documents and decision of the Workers’ Compensation Board and affirmed its decision. The appeals court held that the Workers’ Compensation Board did not make a legal error in concluding that the condition had to be proved for the claimant to prevail.
Understanding how to navigate the appeals process can be difficult, and making a small mistake in documents or presentation can mean the difference between winning or losing. Working with an experienced appeals attorney is often a good idea to bolster your chances at a successful outcome.
Source: State of Oregon, “Court of Appeals Media Release,” May 11, 2016
