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Chapter Details:

Appealing a Workers' Compensation Award CHAPTER CHAPTER OBJECTIVES At the completion of this chapter, you should be able to: * Explain the function of the Workers' Compensation Appeals Board * Describe the purpose of a petition for reconsideration * Define the actions that a Workers' Compensation Board may take when it has appellate authority Explain the organization of the state court appellate system * Describe the powers of appellate courts INTRODUCTION In Chapter 6, we addressed the process of presenting a hearing to an Administrative Law Judge. We saw that these hearings are conducted in ways that are similar to a trial: Evidence is presented and witnesses testify. However, there are important differences between workers' compensation hmnnds and regular trials. For example, the evidentiary rules are more informal cmcl these hearings are not routinely held in courtrooms, but in office buildings. The appeal of a workers\" compensation case has the same kinds of similarities and differences. In some ways, appealing a workers' compensation case is very similar to any appeal, but there are also important differences. In this chapter, we will examine both the similarities and critical differences in appellate review of workers' compensation cases. We will also address the issue that crops up in Virtua]ly every workers' compensation case: settlement