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Workers’ compensation hearings, part 2: the discovery process

On Behalf of | Jun 16, 2014 | Workers' Compensation |

In the first part of this post, we talked about the timeline to expect for a hearing to challenge an initial denial of your workers’ compensation claim.

We noted that there is typically a wait of several months until a hearing before an administrative law judge (ALJ) is held.

In this part of the post, we will explain the role of discovery in the hearing process.

Discovery is a term of art in the law. It refers to the procedure by which each side learns about the other side’s case. This means exchanging information and evidence so that there will be no big surprises when the ALJ has to make a decision.

As we discussed in part one of this post, medical records are often among the key items of evidence that are likely to be involved in discovery about a case.

There are, however, various other aspects of your injury that can come up in discovery.

For starters, it may be necessary to delineate information about the facts and circumstances regarding how your injury or illness occurred.

There are also sometimes questions about whether you reported the injury properly.

Details about your wage level are of course also important. Workers’ compensation benefits require very specific calculations based on what those wage levels were.

And so the discovery process provides a means for both parties in a work comp dispute to get clarity about a particular employee’s average weekly wage and relevant data.

A knowledgeable workers’ compensation attorney can help you through this process. This does not only mean sharing appropriate information with the insurance carrier. It also means gathering appropriate information from the insurer about the concerns they have with your claim.

To learn more about our practice, please visit our page on discovery in a workers’ comp case.


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