Based in Columbia, Lear Werts LLP represents injured Missouri workers in both temporary hearings and final hearings. Both types of hearings result in an award issued by an administrative law judge. Once you have completed the hearing process and have received an award, you have the right to file an application for review with the Labor and Industrial Relations Commission. Our attorneys have extensive experience handling appeals to the Commission, and we will stand by you through the entire process, ensuring that your rights are protected.
Understanding a Commission Decision
After reviewing all evidence and considering any legal briefs presented by the parties during a hearing, the administrative law judge will issue an award. The award will contain detailed findings of fact as well as rulings of law. While the award is generally issued as soon as possible upon the conclusion of a hearing, it must be issued within 90 days of the last day of the hearing. Once it is officially issued, the award is mailed to the employee, to the insurance company, and to all of the lawyers in the case. All final awards are subject to appeal by any party, and some temporary awards are also subject to appeal. However, if you settled your workers' compensation claim with your employer or its insurer, and an administrative law judge approved the settlement, you cannot appeal the approval of the settlement to the Commission.
Our attorneys have handled numerous appeals, and we can help you to determine whether an appeal to the Commission is in your best interest, weighing such factors as your likelihood of success and the duration of the process. With experienced representation, you can be confident that you are making informed decisions every step of the way.
The Labor and Industrial Relations Commission is a three-person panel that reviews the awards issued by administrative law judges in workers' compensation cases. Once the application for review is filed by the employee, the Commission will ask the court reporter to produce a complete transcript of the hearing. Also, the Commission will request legal briefs from the parties. In the event that the Commission completely agrees with the administrative law judge's award, it may adopt the award as its own. However, if the Commission disagrees with the award, in whole or in part, the Commission will issue a new award.
Seek Competent, Experienced Representation
At Lear Werts LLP, we have helped many injured and disabled workers recover benefits that were initially denied to them, first by their employer and then by an administrative law judge. We understand that when you reach the appeals stage, you may feel discouraged; however, before you concede your fight, let us assess your case and evaluate your claim. Please contact our offices today for a free initial consultation.