Here's How To Respond If You Suspect Your Workers' Comp Appeal Was Denied Due To Bias

When workers' compensation denies your claim, you can appeal your case to the review board in your state (e.g. the Department of Labor or State Board of Workers' Compensation). The administrative law judge (ALJ) who oversees your appeal must behave in a neutral manner and reach a decision based on the merits of the case. Unfortunately, sometimes an ALJ will have biases that seep into the process and may result in an unfair outcome for you. Here's what you should do if you suspect the decision in your case was the result of bias or discrimination.

Get as Much on Record as Possible

People who have biases tend to do and say things that give them away. For instance, the ALJ may be extraordinarily rude or dismissive towards you but polite and respectful to other people in the court. The judge may fail to follow court procedure for no legitimate reason, make disparaging remarks, or refuse to recuse him or herself even though there may be a conflict of interest (e.g. the judge is friends with your employer).

When these things happen, it's important to get them on record. Most court proceedings are captured by a stenographer and/or may be recorded on an audio device. However, you may be permitted to record the proceedings using your own device as long as you're not being disruptive. Your ability to do so, though, depends on the state and jurisdiction where your case is being heard. Some states only allow recordings at trial and appellate courts, while others allow judges to make that decision.

If you can't record the proceedings and there are no security cameras in the courtroom, you'll need to verbalize any questionable action the ALJ does so it can be captured on the transcripts of the proceedings. For instance, if the judge makes a rude gesture, then may want to verbally make note of that so it's on the official record. You'll need this as evidence the judge was behaving inappropriately when you seek redress for a biased decision.

Request a Review of the ALJ's Decision

Almost all states let you file a request to have the ALJ's decision reviewed. You will typically need to submit a report that details why you believe the judge's decision was wrong. In addition to laying out the facts of your accident case, this is where you'll discuss your suspicions the judge's decision was biased.

To support your case, you'll need to obtain the transcripts, video, and other recorded material that highlights the judge's words and behavior while in the courtroom. Court transcripts and audio recordings are a matter of public record, so you can usually submit a request to the court for a copy. However, you may need to have a lawyer subpoena footage from any security cameras in use during the proceedings, as these are typically not available to the public. You may be required to pay a fee for these items, so be prepared with your checkbook.

You'll also want to submit any evidence you uncover from other sources. For instance, if you have proof the judge has personal or professional ties to your employer, you can submit that evidence to help show there was a conflict of interest that affected the outcome of your case.

You generally only have a limited amount of time to file a request for review, which varies depending on where you live. In Colorado, for instance, you must file a petition for review within 20 days after the court order was sent to you. If you fail to file the request within the required period of time, you may be barred from doing so at all.

Appeal the ALJ's Decision

If there isn't a review process in place in your state or you feel that process won't benefit you, your other option is to move the case to the state's Court of Appeals. You will essentially be trying the case again in front of a new judge in an effort to get the ALJ's decision reversed. However, this may present you with a chance to have your case heard by an impartial judge who will make a fair decision.

Again there is usually a time limit for filing appeals. In New York, for instance, appeals must be filed within 30 days after the judge's decision. So you need to be prepared to act quickly to protect your rights.

For more information about or assistance with handling a biased ALJ, contact an attorney at a law firm like Gilbert, Blaszcyk & Milburn LLP.