Question

Theo is injured at work and files a workers' compensation claim, which is administered by the workers' compensation agency in his state. His employer disputes the extent of Theo's injuries. The case is heard by an administrative law judge ("ALJ"), who decides the case in the employer's favor. Theo's attorney tells him that the ALJ's decision cannot be appealed to a court because:a. he must first appeal the case to the workers' compensation board that heads the state agency.

b. the decision of the alj is final in all administrative challenges.
c. he does not have standing to appeal an administrative decision; only the employer could do that.
d. there is not an actual controversy that qualifies for judicial proceedings.

Answer 1

Answer: He must 1st appeal the case to the workers compensation board that heads the state agency

Explanation: the case was in favor of the employer because he didnt follow due process. The due process he should have followed is as stated.

1. Report the case to the company's designated representative,

2. The representative meets with the employee to complete injury form or workers compensation claim form

3. The company representative then files the incident report with the company's workers compensation carrier