Boston Injury Attorney Blog
If your benefits are stopped after the initial 180 day period, you can dispute the insurance company’s decision by requesting a Conciliation. A Conciliation is an informal meeting between your company’s insurance carrier and you. It is crucial that you have representation on your side. The lawyers at Bellotti Law Group, P.C. can ensure that you receive the compensation you need. Call 617-225-2100 for a free consultation today.
If the insurance company still has not reinstated your benefits, you can schedule an informal Conference. At the Conference, you will appear before an Administrative Judge at the Department of Industrial Accidents (DIA). The DIA decides workers’ compensation disputes. At the Conference, you need to prove the following: that you were disabled from work, your injury is work related, and that your medical bills were reasonable and necessary for the treatment. The judge will hear your evidence, and then decide to reinstate or deny your benefits. After the judge decides, both sides have the right to appeal to a Hearing if they disagree with the decision.
The Hearing is a formal part of the worker’s compensation benefit process. At the Hearing, the judge from the Conference will hold a formal proceeding, and listen to both sides. Evidence such as witness testimony and documents are submitted. Witnesses are sworn in under the pains and penalties of perjury and the rules of evidence will apply. The judge will issue a decision and if either party believes the judges’ decision is incorrect, they can file an appeal to the Reviewing Board.
The Reviewing Board is made of 6 Administrative Law Judges. The Reviewing Board has the ability to reverse the decision of the Hearing Judge, send the case back to the Hearing administrative Judge if an error was made, or uphold the Judge’s decision. After the Reviewing Board makes a decision, the case can be appealed within 30 days to the Massachusetts Appeals Court.