

If your workers’ compensation claim in Minnesota has been denied, you do have options for challenging that decision. Here’s some advice from a workers’ compensation lawyer in St. Paul about steps you can take if your workers’ compensation claim is rejected.
Before you proceed with an appeal, it’s important to understand why your claim was denied. The denial letter you received should detail the specific reasons for the rejection. Common reasons for rejection include insufficient medical evidence, missed deadlines, or disputes over whether the injury is work-related.
Take the time to carefully review this letter and identify the issues cited by the insurer. Understanding the reason for the denial is necessary so you can address the issue or issues in your appeal by making sure that you provide the necessary information or correct any problems in your claim.
In Minnesota, a valuable initial step in appealing a denied workers’ compensation claim is to file with the Office of Administrative Hearings. A judge will eventually decide whether your injury is covered by the Workers Compensation Act.
You can do this process by yourself, but an attorney experienced in workers compensation will likely be able to obtain far better results for you. This process is statutory, regulatory, and case-law based; meaning there are many laws, rules, and caselaw that will apply to your claim. The insurance company will have an attorney; you should too.
The form that begins this process is called a Claim Petition. It should include a detailed account of your injury, including how and when it happened and its impact on your ability to work. You must clearly outline the benefits you are seeking, like medical expenses, lost wages, or rehabilitation costs. It is also important to provide a comprehensive explanation of why you believe the denial was incorrect, addressing each reason given for the denial and presenting your counterarguments.
After you submit the Claim Petition, the Office of Administrative Hearings will schedule a hearing. At this hearing, both you and the insurer will have the opportunity to present evidence and testimony before an Administrative Law Judge (ALJ). This is your chance to further argue your case and provide additional documentation to support your claim.
The success of your hearing largely depends on how well you prepare. You will need all the relevant documents, including all medical records that detail your treatment and diagnosis and witness statements from individuals who can support your claim.
Be sure to collect any other evidence that strengthens your case, such as correspondence with the insurance company or photographs of your injury. Familiarize yourself with the hearing procedures and rules to help yourself be ready to present your case effectively and to be sure that you meet all procedural requirements. All of this will be much easier with a lawyer who has been through it many times.
During the hearing, both you and the insurer will have the opportunity to present your respective sides of the case. The process typically begins with opening statements, where each party provides an overview of their arguments and outlines their position.
This is followed by the presentation of evidence, during which both sides will submit their evidence and call witnesses to testify on their behalf. The hearing concludes with closing statements, where each party summarizes their arguments and evidence for the Administrative Law Judge (ALJ), who will then deliberate and make a decision. Again, this is much more likely to go well when you have your lawyer take care of it.
After the hearing, the Administrative Law Judge (ALJ) will issue a written decision, which could result in several different outcomes. The decision may fully approve your claim, grant it partially, or uphold the original denial. In some instances, the ALJ may provide partial approval, where some aspects of your claim are accepted while others are denied.
If you disagree with the ALJ’s decision, you have the option to appeal further to the Workers’ Compensation Court of Appeals or seek a judicial review in a higher court, depending on the nature of the dispute and the legal questions involved.
Within 30 days of receiving the Administrative Law Judge’s (ALJ) decision, if you are still not satisfied with the decision, you must file a Notice of Appeal with the Workers’ Compensation Court of Appeals. This document serves as formal notification to the court that you intend to challenge the ALJ’s decision. Following the filing, you will need to prepare and submit the record of the proceedings, which includes the hearing transcript, evidence presented, and the ALJ’s decision. This record allows the appellate court to review the case based on the information that was previously considered.
Both you and the insurer will then file written briefs outlining your arguments. Your brief should detail why you believe the ALJ’s decision was incorrect and what you are requesting from the court. The court may schedule a time for both parties to present their cases and address any questions from the judges. The Workers’ Compensation Court of Appeals will review the briefs and any oral arguments, and then issue a decision, which could affirm, reverse, or modify the ALJ’s ruling.
If you disagree with the decision of the Workers’ Compensation Court of Appeals, you can file a petition for judicial review with the Minnesota Supreme Court. This option is typically available only for cases that involve significant legal questions or matters of public importance. When preparing your petition, you should clearly outline the reasons you believe the appellate court’s decision was incorrect and explain why the case merits review by the higher court.
You may also need to submit the record from the previous proceedings, including the decisions made by the Workers’ Compensation Court of Appeals. Both you and the insurer will file written briefs as part of the review process, and the court may schedule oral arguments to further discuss the case. The Minnesota Supreme Court will then issue a final decision, which is binding and may uphold, overturn, or modify the earlier decisions.
While it is possible to handle an appeal on your own, having a lawyer who specializes in workers’ compensation will enormously improve your chances of success. An experienced attorney can help you understand the legal requirements, gather the necessary evidence, represent your interests throughout the appeal process, write briefs and make arguments, and negotiate with the insurance company on your behalf, as needed.
If you need advice or representation in appealing your workers’ compensation claim, contact the Atkinson Gerber Law Office or come in and see us at our St. Paul or Minneapolis locations for a free consultation.free consultation.