I need to know how to file an appeal regarding a denied worker’s comp claim.

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I need to know how to file an appeal regarding a denied worker’s comp claim.

I lost my appeal to the Ohio Industrial Commission, but the process was a farce and I need to state my case in court where I won’t have a time limit to explain the circumstances of my case. I needed to know if there is a certain form that is needed to file the appeal and if I file in the county where I reside or the county of my employer. Thank you for your time.

Asked on May 26, 2009 under Employment Labor Law, Ohio

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I don't practice in Ohio, but I do have experience in appellate work. You may well be in over your head here.

First, you will never be able to give your oral argument without a time limit, and depending on the Ohio court rules and the appellate judges' view of your case, you may not get oral argument at all.

Second, you will have to file a brief, with references to the record, citations to statutes and cases, and a complete set of exhibits.  There are going to be detailed rules about what is in the brief, how it has to be put together, and so forth.  Making sure you follow all these rules isn't easy, and even experienced lawyers who rarely do appeals themselves often have trouble with this -- and your brief might be rejected, unfiled and unread, if it doesn't at least come close.

I'd advise investing in an hour or two to consult with an attorney who is experienced in appellate work, who can fill you in on all the details of the process.  One place to look for a lawyer is our website, http://attorneypages.com


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