If you have received a Notice of Claim Determination or a Notice of Overpayment with which you disagree, you may appeal that determination within 15 days of the mailing date of the document. By doing so, you are requesting a hearing before an Administrative Law Judge. There are three methods of filing an appeal: on-line @ www.LAWORKS.net, by mail addressed to: Louisiana Workforce Commission, Appeals Unit, P. O. Box 94094, Baton Rouge, LA 70804-9094 or fax to (225) 342-4223. If mailed, the letter must be postmarked no more than 15 days from the date of the determination and must be signed by the person filing the appeal. If you file the appeal by mail, enclose a complete copy of the determination with your letter of appeal.
If you appeal as a claimant, you should continue to file weekly claims until a final decision is rendered or until you return to work.
When an appeal is filed, you will be mailed a letter acknowledging receipt of your appeal. If you do not receive an acknowledgement letter within ten days of the date you filed the appeal, contact the Appeals Clerk of Court at 1-800-256-8023 for assistance. When the acknowledgement letter is generated, the appeal is sent to the Appeals Section where an Administrative Law Judge reviews it and then schedules it for a hearing.
Most hearings are conducted by telephone. The hearing notice will state the number on record for the claimant and this is the number the Administrative Law Judge will call, unless you update your telephone number. Employers must submit contact information, which should include a representative and contact number, to the Clerk of Court in order to participate. You should submit any updated contact information at least 1 business day prior to the hearing. You may contact the Clerk of Court with your contact information, or if you will be participating from a different phone number by calling 1-800-256-8023 or sending your information to email@example.com.
The hearing will be conducted as soon as possible. This is usually about three to four weeks after the date the appeal was filed.
A hearing notice will be mailed to the parties. The rules require that the notice be mailed at least seven days before the date of the hearing.
The hearing notice will indicate the date, time, and phone number at which you will be called at the scheduled hearing time. It will also describe the issues that will be discussed at the hearing.
The parties can appear alone or with a representative. A representative can be an attorney or any other person the party chooses to help present the case.
At the hearing, the Administrative Law Judge will place the parties and any witnesses under oath and question them about the issues involved in the appeal.
The parties should prepare for the hearing by organizing their case as much as possible prior to the hearing. You should make notes to remind yourself about any information that you will need to tell the judge so that you will not forget to do so during the hearing. You may also request the documents that LWC used to make the determination. All requests must be made at least three business days prior to the hearing.
Witnesses are only necessary if there might be some disagreement about the facts of the case. A witness should be someone who saw or heard something important about the case.
The only documents necessary are those that might help you to prove some facts about the case. This might include a doctor's statement, time card, or a statement written by a witness. Documents should be provided to the Administrative Law Judge prior to the hearing as outlined in the notice of telephone hearing.
The parties can send a written request to the Judge to have witnesses and/or documents subpoenaed for the hearing. The request must contain the name and home address of the witness, and a specific statement of what the testimony or documents will prove. The request must be received at least 3 business days before the time of the hearing.
The Administrative Law Judge who conducts the hearing will mail a written decision to the parties.
The written decision is usually mailed to the parties within three days after the hearing.
The Administrative Law Judge's decision can be appealed to the Louisiana Board of Review, following instructions on the decision. The appeal must be filed within 15 days of the mailing date on the Administrative Law Judge's decision. The decision of the Board of Review can be appealed in the state district courts, also within 15 days of the mailing date, following instructions on the decision.
Please contact the Clerk of Court at 1-800-256-8023 or email firstname.lastname@example.org.