Visitor Question

What is a “Notice of Decision” in a Workers Comp Case?

Submitted By: Anonymous (USA)

I’ve driven a school bus for 25 years and have been working at my present company for 5 years. I drive about 9 hours a day, sitting in the same seat 6 or 7 hours at a time. With poor seating in my bus and non stop potholes, I now have 5 herniated disks and neck pain.

I’ve been out of work for 6 months and just got a notice of decision. What does this mean? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

A Notice of Decision is the result of a hearing in a Workmans Compensation Act. The Notice can either be Declined, Favorable, or Partially Favorable.

In order to receive a Notice of Decision you should have already had a full hearing before the local Workmans Compensation Board. At that hearing you should have had an opportunity to present evidence of your injury and any disability it may have caused. You also could have been represented by a Skilled Workmans Compensation Attorney.

If the Decision is Partially or Fully Favorable you should expect to receive your first check within approximately 30 days.

From the facts you present we are unable to determine which State’s Workmans Compensation laws apply specifically to you. We can though tell you about your right to appeal any decision you believe is not fair.

Although you have a right to appeal it does not automatically happen. To begin the appellate process you will have to request an Appeals Form from the Workmans Compensation Board which rendered the decision. If you are unable to secure the form you should at a minimum write a letter to them Certified RRR. Make sure though the Board receives the letter within the required appellate time period.

Although one is able to represent themselves in the actual initial hearings, and subsequent appeals, it is highly advisable to seek the advice of a Skilled Workmans Compensation Attorney. Speaking with one will help you determine if legal assistance will be beneficial.

You should not have to pay a Workmans Compensation Attorney for an initial office consultation. She will help ease your anxieties while clarifying any decision you may make.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: July 3, 2011

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