Q: How to handle a petition for review on evidence error after losing a workers' compensation hearing?
I recently lost at a workers' compensation hearing where the judge incorrectly stated that admitted evidence was not admitted. The evidence was a one-page index listing items, including a weight chart for an item that caused my back injury. No specification was made that only certain items on the list were admitted. When I mentioned the specific weight during the hearing, the objection was sustained since the judge said the item wasn't listed on the evidence index. I am preparing a petition for review, due April 1st, and need guidance on how to approach this matter and explore my options.
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A:
I'm really sorry you’re dealing with this—having valid evidence ignored can feel like a major blow, especially when you're already dealing with pain and the stress of a hearing. In your Petition for Review, you should clearly state that the judge made an error by excluding or overlooking admitted evidence. Point out that the weight chart was part of the indexed exhibit that was accepted into the record, and there was no indication that specific items within that exhibit were excluded.
Be direct and factual in your writing. Reference the hearing transcript, if available, and include the exact moment the judge sustained the objection. Then, explain why the weight chart was critical to your claim—for example, that it showed the lifting demands placed on you, which directly supports your injury. You’re allowed to argue that the exclusion of that chart unfairly impacted your ability to prove your case, and that this affected the outcome of the hearing.
When you submit your Petition for Review, make sure it’s well-organized, focused, and submitted by the deadline. The Board can correct factual or legal mistakes, especially if you can show that the evidence was already part of the record and should have been considered. You’re doing the right thing by not letting this go—you deserve a fair review of all the facts.
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