Appealing a Hearings or Appeals Officer’s Decision.

By Jason Weinstock on January 31, 2020

The deadline for appealing a Hearings or Appeals Officer’s decision is 30 days. This is a shorter time frame than the typical appeal deadline for determinations from the adjuster. Deadlines to appeal are quick, frequent, and jurisdictional in workers’ compensation. Jurisdictional in this sense means that if you fail to appeal a Hearing Officer or Appeals Officer’s Decision and Order within 30 days the next judge can dismiss the appeal.

NV Workers Comp Blog Article by Attorney Jason H. Weinstock

All determinations made by the workers’ compensation insurance adjuster are appealable in Nevada. The timeline to appeal a determination is 70 days, unless the adjuster forgot or intentionally does not give appeal rights (in such a case you can appeal at any time). Examples of common appeal determinations by the workers’ compensation adjuster include approval or denial of treatment, claim acceptance, claim closure, average monthly wage, denial of temporary total disability, and denial of mileage reimbursement.

If you disagree with an adjuster’s determination and request a hearing within the 70 days, then after your hearing the Hearings Officer will issue a Decision and Order within 15 days after the hearing. The Hearings Officer can either “affirm” (the determination of the workers’ compensation adjuster stands), “remand” (order the workers’ compensation adjuster to issue a new determination), “reverse” (order the workers’ compensation adjuster to change their determination), or a mixture of the above (i.e. “affirmed and remanded”).

If you disagree with the Hearings Officer’s Decision and Order, you have only 30 days to appeal this decision to the Appeals Officer. Once you appeal the Hearings Officer’s Decision and Order to the Appeals Officer and the Appeals Officer hears the case, they also have 30 days to render a decision after the hearing. The Appeals Officer’s decision must also be appealed within 30 days of the date on the Decision and Order, if you disagree.

An appeal of the Appeals Officer’s Decision and Order requires you to file a Petition for Judicial Review in District Court. The standard of review in District Court for an appeal of an Appeals Officer’s Decision and Order is different than the Appeals Officer’s review of a Hearing Officer’s Decision and Order. District Court judges are only reviewing the record from Appeals Officer’s hearing for an error of law or abuse of discretion… no new evidence can be presented.

Keep an eye on dates when appealing a Hearings or Appeals Officer’s decision!

Give me a call or send an email for a free consultation if you have questions or concerns about your workers’ compensation claim and appealing a determination or Decision and Order.

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