Question:

Can the carrier appeal a decision favoring the claiment made by the judge in a workers' comp case?

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I recently won a workers' comp case against my employer and wanted to know if he can appeal the decision, leading to another lengthy hearing process.

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  1. Yes, they can, in most states.  The CARRIER can appeal it, NOT the employer.  As the carrier is the one stuck with the legal fees, the employer can't make them appeal, if they don't think it's a winning case.


  2. It would be up to the WC insurance carrier, not the employer.

  3. Yup, the carrier can appeal the decision, just depends on the circumstances.  They'll analyze the exposure and what the chances are of them prevailing.  If they do appeal the decision it will take a long time to figure out and medical bills will remain unpaid.  Expect possible settlement if there is an appeal.

  4. I'm guessing you're U.S. If it's uk they would only be able to appeal on a point of law, or if they feel the outcome was grossly unfair (it would have to be obviously so), or they may appeal the amount of the damages. Prob similar in the US.

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