Why Does It Take So Long To Get Into Court?

The answer to this question is that there are several time periods, which must expire before we can apply for a hearing at the Workers’ Compensation Appeals Beard. There can be no hearings during the first 90 days after the date of injury where the insurance company is investigating the claim. Another reason is the difficulty of getting timely medical appointments with AME’s or QME. AME or QME reports are often required before a hearing can be requested. Under the new law, a medical evaluation by an AME or QME is now required to resolve the issue of the compensability of the injury. This causes further delay.

Before a trial can occur, a conference must take place in most cases. It takes at least two months from informal attempts to resolve the case until we are given a conference date. In most cases, nothing is resolved at the conference and the case must be set for trial. It takes at least two months to get to trial.