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Appeals
#1
I'm in Wisconsin here.

And have a hearing in front of an ALJ coming up shortly.

According to this page

http://dwd.wisconsin.gov/wc/workers/claim_denied.htm

If i do not agree with the decision of the ALJ there are two more levels of appeals we can go into. has anyone gone through these other levels and what are they like?
 
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#2
like most second level appeals they review the evidence and the judge's decision to see if it conforms to established legal precedent and the law as it is currently interpreted. there is no hearing or trial or presentations other then the written briefs submitted by the parties and the official record.
it's all done in writing.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
(12-30-2010, 12:53 AM)1171 Wrote: like most second level appeals they review the evidence and the judge's decision to see if it conforms to established legal precedent and the law as it is currently interpreted. there is no hearing or trial or presentations other then the written briefs submitted by the parties and the official record.
it's all done in writing.

Can one supply new information? Like stuff I want my lawyer to introduce, but he failed to do so?
 
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#4
no not usually.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#5
(12-30-2010, 03:40 AM)1171 Wrote: no not usually.

Any reason why not? Reason asking it's way too late to change lawyers, and we do not see eye to eye on evidence that should be presented.
 
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#6
standard legal practice.
the law entitles the parties to an expeditious determination and does not allow "do-overs".
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#7
(12-30-2010, 12:38 PM)1171 Wrote: standard legal practice.
the law entitles the parties to an expeditious determination and does not allow "do-overs".

Really? If it was say a Murder case you get to introduce new evidence right?

Or almost any other type of case that I have been involved in. If you appeal, you get to add new evidence to show where they thought wrong when making the first decision yes?
 
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#8
you misunderstand.
when there is not enough evidence in the record they may refer it back to the lower court to gather additional evidence but the appellate level does not take new evidence
http://dwd.wisconsin.gov/lirc/lrc_ruls.htm#1.025
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#9
(12-30-2010, 03:45 PM)1171 Wrote: you misunderstand.
when there is not enough evidence in the record they may refer it back to the lower court to gather additional evidence but the appellate level does not take new evidence
http://dwd.wisconsin.gov/lirc/lrc_ruls.htm#1.025

So if I can not get my lawyer to include everything I want him to include, and I loose, I'm screwed yes?
 
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#10
lets not get confused on the appealet process. If the appeal is to the same court then yes new evidence MAY be allowed. However; if the case is appealed to an appellate court. The appellate courts only deals with the procedureal process. No new evidence.

The above statement is based on criminal courts. I am not aware of how WC courts are handled, but I have to assume they follow the same process.
8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. After going back to school, I received my degree as a mechanical engineer. What can I say, it was the only way I had to beat the system. 
 
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