The Injured Workers Law Firm does not do appeals for cases we didn’t originally go to hearing for. I get calls from injured workers sometimes they have: 1) been to a hearing on their own and have been denied benefits by the Virginia Workers Compensation Commission; or 2) been to a hearing with another attorney, lost, and they want to know if we will take their case on appeal.
The truth is, if the injured worker (or their attorney) has filed all the evidence and the Commission ruled that they are not eligible for benefits then, under Virginia law, they probably are not – or their attorney would appeal the matter himself. If the injured worker or attorney did NOT file all of the necessary documentation prior to going to a hearing, it is TOO LATE. I cannot take your case and submit new evidence and the Commission will only re-review the information that was presented at the first hearing making the chances of a successful appeal very slim. The appeal is only if the Deputy Commissioner applied the wrong case law in your case. I will definitely appeal cases when I believe the law has been incorrectly applied, but only if I originally went to the hearing on the claim.
This is why I ALWAYS tell injured workers to consult an attorney. If you handle things improperly there may not be a way to “fix” it later. This is also why I tell people to do plenty of research before they hire an attorney to make sure they have an attorney who can meet their needs and is knowledgeable in workers’ compensation especially. Don’t just hire the first attorney listed in the yellow pages or the first attorney’s name that comes up on a Google search! Make sure they understand and know Virginia Workers Compensation laws and how to build the facts and evidence in your case so you will win your workers compensation case.