Filing a claim for workers’ compensation benefits can be relatively simple, unless the claim is rejected by the workers’ compensation commissioner or his designee. At that point, the procedure may become legally complicated depending upon the error that the commissioner is alleged to have made.
All appeals are heard and decided by the Compensation Review Board. The exact nature of the review depends upon the errors that the commissioner made ruling on the claim. (Both employees and employers may appeal decisions of the commissioner.)
The appeal must be filed within twenty days after the entry of the order. All appeals must use forms and follow rules promulgated by the Workers’ Compensation Board. An appellant may be required to submit a statement of errors if the case depends upon evidence outside the record made at the hearing.
An appellant may challenge the factual or legal basis for the commissioner’s decisions, may argue that the conclusions of the commissioner are legally inconsistent with the facts or that the commissioner erred in failing to correct a finding in the order. After an appeal is filed, the commissioner must file all motions, his decisions on the motions and the transcript of evidence introduced at the hearing. The appeal is considered and decided by the Compensation Review Division based upon the evidence and the finding from the hearing. If a party wishes to introduce additional evidence, the party must seek permission by filing a motion.
The failure of a party to follow the exact appeal procedures set out in Connecticut statutes and the rules of the Workers’ Compensation Board of Review may result in an adverse decision. For these reasons, a person wishing to appeal a workers’ compensation decision may wish to seek assistance from an experienced workers’ compensation attorney.