When you apply for workers’ compensation, there’s a chance you’ll need to go to a hearing. These requests aren’t common, but if you receive one, the notice will explain why. For instance, if it’s been reported that you were not cooperative with vocational rehabilitation, then you may have to attend a hearing that attempts to show how you were not complying with the workers’ compensation requirements.
This hearing request may be part of your Review for Eligibility for Compensation, which means if you don’t pass the review, you may not be able to get the compensation you want for your injury. It’s important to show, in this case, why the report about you not cooperating is incorrect.
If you are denied compensation, then you are able to request an appeal. This appeal is completed in front of the Compensation Appeals Board. Established in 1991, the New Hampshire board has an attorney, labor representative and an insurance representative on staff to discuss the case. The appeal is seen as a de novo appeal.
Because the appeal is a de novo appeal, you’re able to bring forth new evidence at the hearing to prove why you should be receiving compensation. If your appeal is accepted, then you will receive the compensation you’re entitled to. If it isn’t, then you may want to attempt to appeal again. These attempts do take time, with up to six months passing between hearings.
If you have questions about workers’ compensation and your right to appeal, you may want to speak with someone familiar with New Hampshire workers’ compensation laws. The appeals process can be tricky, so you want to make sure you have everything you need before you go to the hearing.
Source: New Hampshire Department of Labor, “Hearings” accessed Feb. 03, 2015