Question

Arthur sustained an injury to his back. Arthur claimed the injury was suffered at work and filed a claim for workers' compensation benefits. The employer opposed this claim, saying the injury, if real, was the result of a congenital condition. In accordance with the statute, a hearing was held before the Workers' Compensation Board, which ruled against Arthur. Arthur became disgusted with the hearing officer and the proceedings because Arthur felt that the hearing officer did not like him. Arthur has consulted an attorney seeking to sue for workers' compensation benefits. An appeal is available within the agency, but Arthur wants to go directly to court because he feels that the agency appeal would be useless. Discuss the merits of this strategy.

Answer 1

Answer: Arthur can't bring a lawsuit to help overturn the ruling of the Worker’s Compensation Board,

Explanation:

From the question, Arthur got a back injury and Arthur claimed that the injury was suffered at work and therefore filed a claim for workers compensation benefits while the employer opposed this claim, by saying that the injury was due to a congenital condition.

A hearing was held before the Workers' Compensation Board, and the board ruled against Arthur. Arthur became disgusted and wants to go directly to the court because as he feels an agency isn't worth it.

The merits of this strategy are that

Arthur can't bring a lawsuit in order to help overturn the findings the Worker’s Compensation Board made, because Arthur failed to exhaust the available administrative remedies he had. Therefore, the lawsuit will not be successful and would therefore not be heard by the courts.