Thursday, February 07, 2008

Never Never Miss a Deadline...the Speier Case

A claimant who goes to hearing and loses still has a right to appeal when benefits are denied or lost. In this state there are many deadlines to act in workers compensation proceedings. Miss them and it can be big trouble. One such deadline is to appeal and in the Speier case (decided Feb 7, 2008) the claimant was late to appeal, tried to say he had an excuse or could seek relief from the deadline. He lost at hearing and lost his appeal because he was untimely. How much time did he have to appeal? 20 days and it starts on the date the order is mailed to you, not when you receive it or it gets to your lawyers desk. On the 21st day you are late and an appeal can be dismissed no matter how wrong the result. In any event you can read the case here.

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