Top

The appeals process: how does it work?

When your claim has been denied by a judge, you have a right to file an appeal in the Nebraska Court of Appeals. It is important to remember that you have thirty days to file an appeal after a decision to deny certain benefits or cut off existing benefits.  Once your attorney has filed a timely appeal, they must argue that the denial of your benefits should be overturned because of one of the following reasons:

  1. The Workers’ Compensation Court exceeded its authority.
  2. The decision in your claim was the result of fraud.
  3. The evidence in the record was insufficient to make the finding that denied your claim.
  4. The court’s findings of fact do not support the decision.
  5. The court misinterpreted current case law or statutes.

These reasons may seem like complicated legal theories, and that’s because an appeal requires technical legal arguments.  Hire an attorney as early as possible before the appeals process so that you can make sure your trial and appeal is filed on time and your lawyer can create a strategy to determine which grounds for appeal your case will fit into.