Do applicants have the right to appeal?
An applicant has a right to file an appeal if a claim is recommended for denial, or if any part of the claim is recommended for denial. An appeal must be filed within 45 days of the date the Board mailed the notice to deny the claim and/or expense. In some cases, if new information is provided, the denial may be reconsidered immediately. Otherwise, most appeals are scheduled for a hearing before a Hearing Officer. This hearing will give the applicant the opportunity to present information supporting the claim. Hearings are not held to contest the denial of an emergency award. If the applicant does not agree with the outcome of the Board’s final decision, a Petition for a Writ of Mandate may be filed in the Superior Court.
Related Questions
- Do applicants who are applying to be foster/adopt family resources have the same right of appeal when disapproved as those permitted for foster parents?
- Do applicants have any right of appeal if the Victorian WorkCover Authority decides not to grant an HCDG licence?
- Surely there must be a right of appeal against a Penalty Charge notice?
