Appeals And Mandamus Actions

If you believe your claim for workers' comp was wrongfully denied, you still have options. Don't give up, merely because the system said no the first time.

At the Philip J. Fulton Law Office, in Columbus, we can help you challenge a claim denial and pursue the benefits you deserve under Ohio law.

What Options Do You Have For Challenging A Denial Of Your Claim?

It is important to be clear about the terminology concerning the options available for challenging a denial of your workers' comp claim. This is because — depending on the facts of your case — there is more than one type of appeal possible.

The first type is an appeal to the Ohio Industrial Commission (IC). If the Ohio Bureau of Workers' Compensation (BWC) sent you a written notice about denying your claim, you can request a hearing before the IC. The IC is a separate agency from the BWC.

But in some cases, it is also possible to appeal to the court system, namely the Court of Common Pleas. There is also a procedure called a "mandamus action" that can be used in certain cases.

Appealing To The Court System

If you believe the Industrial Commission wrongfully denied your claim for workers' comp benefits, you can appeal this decision to the court system. In Ohio, the appropriate court is called the Court of Common Pleas. The procedure is set forth in the Ohio Statutes at Section 4123.512.

Under this law, you are not allowed to appeal a decision of the Industrial Commission regarding extent of your disability. The only way to challenge that decision is through a procedure called "writ of mandamus." But if there is a question about your eligibility for workers' comp in the first place — such as whether a certain type of injury or occupational disease is covered by the system — an appeal to the Court of Common Pleas is possible.

Our law firm has many years of experience in handling these appeals. We will make sure yours is filed in a timely manner, within 60 days after the adverse decision of the Industrial Commission. We know the steps to take to put your best case forward for the compensation you have coming after getting hurt on the job.

Mandamus Actions

If you disagree with a decision made by the Industrial Commission about the extent of your disability, we can use a procedure called a mandamus action. This involves a review by the courts of whether the Commission committed an abuse of discretion in the decision it made in your case.

For example, there may be an issue about whether you were entitled to receive temporary total disability or permanent total disability. The writ of mandamus offers a way to challenge the Industrial Commission's decision about how badly you were hurt.

We are skilled at handling these actions and will use them appropriately to challenge wrongful denials of the benefits you deserve.

Free Consultation To Discuss Your Right To Appeal

We offer a free consultation to discuss how we can help you in your specific case. Give us a call at 866-552-6353 or fill out our online form.