There are several steps and important timelines for cases that are decided by the Commission. We have created a flow chart showing the steps in a typical claim.
Initiating The Process
Preparing the case
- Gather all known medical records
- Organize the records
- Read and understand the records
- Determine what your doctor will say1
- Exchange interrogatories2
- Gather other evidence, documents, and information necessary to prove your claim
1 Ask your doctor about his/her experience with workers' compensation. A doctor with experience in workers' compensation may be able to assist you in documenting whether you qualify for benefits.
2 Interrogatories are written questions that one person asks the other and the other must answer.
Scheduling the Hearing
Post-hearing depositions and briefs may be required. When the case is finally presented to the Hearing Officer, a decision is typically issued within three months.
Some costs may be incurred in preparing for and attending a hearing. If you have questions for concerns about costs and expenses you may want to seek legal counsel.
1 A request for calendaring is a letter to the Commission to request a hearing date. See the Judicial Rules of Practice and Procedure under the Idaho Workers' Compensation Laws for more information.
Appealing the Decision
The Commission will issue a ruling on the motion for reconsideration. If the claimant is still dissatisfied with the outcome, an appeal may be filed with the Idaho Supreme Court. The Idaho Supreme Court has its own rules and procedures for appeals.
Or, if you do not wish to file a reconsideration, you may file an appeal with the Idaho Supreme Court within 42 days of the hearing decision. The Idaho Supreme Court has its own rules and procedures for appeals.