Castan, Lecca & Boeschen
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If you suffered a work-related injury, you’re relying on workers’ comp to help you and your family make it through a difficult time. But what happens if the insurance company denies your claim? In Georgia, you have the right to appeal the insurance company’s decision.
Here’s how to go about that: Appeals about denied workers’ comp claims are handled by the State Board of Workers’ Compensation (SBWC). The first step to do if your claim has been denied is to request a hearing with the SBWC by completing and filing the WC-14 form. Once your form is received and reviewed, you’ll be given a hearing date. The hearing is less formal than a full trial but is still a fairly complex process. Although you’re legally allowed to represent yourself at the hearing, it’s likely to your advantage to pursue professional representation for your case such as Castan & Lecca. At Castan & Lecca. We have experienced workers’ compensation attorneys who are familiar with the tactics of the insurance companies. Some of our attorneys have worked defending the insurance companies, so their wealth of knowledge can help when it comes to fighting for your rights. Prior to the hearing, the parties may agree to mediate the claim which is to try to reach a settlement outside of court before going to a hearing.. The mediation process involves you, your employer, your employer’s insurance rep, and any attorneys from the respective parties sitting down with a mediator to dialogue and craft an acceptable arrangement to solve the dispute. If mediation is effective, the case won’t proceed to the hearing. Usually, this would be the best case scenario–saving both time and money on all sides and allowing you to start receiving benefits more quickly. Sometimes, though, it’s not possible for parties to come to an agreement, so the case will proceed to the court hearing. The court hearing is held by an administrative law judge who hears the arguments of all parties involved, examines the evidence presented, and hands down a decision within 30 days of the hearing. The judge’s verdict is mailed to the parties involved, so you’ll receive a notice of the decision by mail.The attorney’s at Castan & Lecca will make sure that you are fully prepared before you go to your hearing. If you disagree with the judge’s decision, you have 20 days to file an appeal for SBWC appellate board review. The insurance company could also appeal the judge’s decision. The appellate board reviews all the information presented at the hearing as well as written statements given by both parties. Your attorney can also request an in-person hearing if that seems likely to advance your case. Typically, the appellate board will render a decision after they’ve reviewed all the information, but occasionally, they might send the case back to the judge for reconsideration. The appellate board can confirm or overturn the judge’s decision. If the results are still not favorable for you, you, once again, have 20 days to file an appeal with the Georgia court system in the county where you were injured. That’s an overview of how the appeal process works if you’re denied workers’ comp. We’re here to help answer any questions you have and to help you get the protection and care you need, so please reach out to us!

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PRACTICE AREAS

CAR
ACCIDENT
Castan y Lecca
PERSONAL
INJURY
Castan y Lecca
DEPORTATION
DEFENSE
Castan y Lecca
VISAS &
RESIDENCY
Castan y Lecca
WORKER’S
COMP
Castan y Lecca
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Atlanta Location:

51 Lenox Pointe NE
Atlanta, GA 30324

Norcross Location:

4131 Steve Reynolds Blvd #102
Norcross, GA 30093

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(864)761-4141

Dustin Thompson

Attorney

Dustin Thompson was raised in rural Camilla, Georgia. Dustin graduated from Georgia Southern University majoring in political science and history. After graduation, Dustin obtained a law degree from Georgia State University College of Law in Atlanta. Before becoming a lawyer, Dustin worked a variety of jobs from a watermelon farm in Mitchell County to a policy think tank in Washington D.C. Dustin has practiced law almost exclusively in the workers’ compensation arena since 2014. For nearly a decade, he worked for a large defense firm in Georgia representing employers and insurers and gaining the invaluable experience and knowledge of how insurers defend claims. In 2023, Dustin joined the firm to use his expertise and litigation skills to help individuals who have been injured as a result of work accidents and third-party negligence.  Dustin has been repeatedly recognized by Best Lawyers: “Ones to Watch” in the practice of workers’ compensation. Outside of work, Dustin enjoys traveling, hunting, and attending sporting events. He and his family are active in Buckhead Church.

MICHAEL BOESCHEN

Attorney

Michael Boeschen (Mike) was born in Wichita, KS and raised in Chattanooga, TN. Mike graduated from The McCallie School and went on to study history, Spanish, and Latin American Studies at Southern Methodist University in Dallas, TX. After graduation, he went on to pursue a law degree from the University Of Georgia School Of Law. During law school, Mike participated in the Legal Aid Clinic, assisting in the defense of indigent criminal defendants. Mike has been licensed to practice law in Georgia since 2002 and his main practice area consists of representing injured workers as they navigate through the Georgia workers’ compensation system. Mike is also fluent in Spanish. In his spare time Mike enjoys following soccer, cooking, and spending time with his wife and two young daughters. Mike and his family are parishioners of the Holy Spirit Catholic Church in Sandy Springs, GA

CHRISTIAN PECONE

Attorney

ED DENKER

Attorney

Edward Denker was born in Philadelphia, PA but has made Georgia his home since 1999. He graduated from the Pennsylvania State University with a Bachelor’s degree in liberal arts. He then earned his Juris Doctorate from the University of Georgia. Edward spent his first years in practice representing clients in personal injury and wrongful death claims. He then spent more than a decade honing his litigation skills representing employers and insurers in workers’ compensation claims, where he gained immense experience and knowledge of how insurers defend those claims. In 2017, Edward returned to his passion of representing people who have been injured at work or through the negligence of others. When he isn’t working, Edward enjoys spending time with his wife and their two children. He is also an avid sports fan, and enjoys cooking and travel

ILIANA DOBREV

Attorney

Iliana Dobrev was born in Bulgaria. After high school, she immigrated to the United States to study law. She graduated magna cum laude from Georgia State University with a Bachelor’s in political science concentrating on pre-law and minoring in Spanish. In 2015, she graduated from Georgia State University College of Law. While in law school, Iliana completed a Graduate Research Assistantship in Labor and Employment Law and Employment Discrimination and two externships in Immigration Law. As an immigrant herself, Iliana is passionate about advocating for and defending immigrants. She is delighted to help families stay together and pursue the American dream. Iliana is a member of the American Immigration Lawyers Association and worked in both a fellowship and a firm specializing in immigration law. Iliana is fluent in Bulgarian and Spanish
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KEN THAXTON

Attorney

Ken Thaxton was born and raised in Roberta, GA. When Ken was a child, his father started a trucking business, which Ken ultimately spent over ten years working with through his late teens and twenties. Ken graduated from Houston County High School in Warner Robins, GA in 2001 with a 4.0 GPA. He then studied Business and Information Technology at Macon State College, ultimately graduating with a 4.0 GPA in 2004. After graduation, Ken continued to work with his father’s trucking company, and in late 2005, Ken and his father started an aircraft charter company, Southern Jet, Inc., under Part 135 of the Federal Aviation Regulations. Ken served as President of Southern Jet from 2006 until 2010, when he and his father sold the company. Ken is a Commercially Licensed Instrument, Multi-Engine Pilot. While serving as President of Southern Jet, Ken started Law School at the University of Georgia School of Law in 2009. Ken focused primarily on business and civil law, including Workers’ Compensation, while at UGA. He graduated Cum Laude and in the top 25% of his class from UGA Law in 2012. Ken is a licensed to practice law in the State of Georgia, and he is also a licensed neutral (mediator) in the State of Georgia. Ken represents small businesses in transactional matters and business conflicts, and he also represents injured workers and Plaintiffs injured in cases of negligence. During his spare time, Ken enjoys swimming, cycling, sporting clays, and fishing. He also does charity work with a national scholarship fund
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ALEXANDER LECCA

Attorney

Alexander Lecca (Alex) was born in Miami, Florida to immigrant parents from Cuba and Peru. Alex graduated from Coral Gables High School, where he was a recipient of the Elsa Glazer Award (given to students who graduate with a 3.5 GPA and above). He went on to study marketing at the University of Miami School of Business Administration. At the University of Miami he was also a member of the Pi Kappa Alpha fraternity. After graduation, he went on to pursue a law degree from St. Thomas University School of Law. In law school, Alex received several book awards and graduated Cum Laude. During law school Alex clerked for the Honorable Beth Bloom, had an internship with the Miami-Dade County Public Defender’s office, and clerked for a prestigious litigation law firm. Alex is licensed to practice law in both Georgia and Florida and handles workers’ compensation and personal injury cases. He is also a registered mediator with the Georgia Office of Dispute Resolution. Alex is also fluent in Spanish. During his spare time, Alex enjoys outdoor activities with his wife and four children. He also helps coach his children’s baseball, football, basketball, and soccer teams. Alex and his family are parishioners of St. Catherine of Siena Catholic Church

DANIEL CASTAN 

Attorney

Dan Castan is a senior partner at Castan and Lecca, PC in Buckhead and represents injured workers before the State Board of Workers’ Compensation and plaintiffs in State and Superior Courts of Georgia for injuries suffered in accidents. Dan litigated one of the seminal claims securing the rights of undocumented workers to receive Workers’ Compensation benefits in the state of Georgia when injured in the case of Wet Walls, Inc. vs. Ledesma. Dan has successfully fought and settled multi million dollar cases. He was born and raised in Newark, New Jersey to immigrant parents from Cuba. He received a Bachelor of Arts degree from Boston College and received his Juris Doctor from The Washington College of Law at The American University in Washington D.C.  Dan was admitted to the Georgia Bar in November, 1993.  He is an active member of the Hispanic Chamber of Commerce, Georgia Trial Lawyers Association, Atlanta Bar Association and the Workers’ Compensation Section of the State Bar of Georgia. Dan is a founding member and Director of the Latino Victory Fund Georgia and serves on the Board of The Latin American Association. Dan has been dedicated to getting Latinos elected to local, state and Federal offices in Georgia. He has been a Big Brother through Big Brothers and Sisters of Metro Atlanta and a mentor through The Latin American Association’s mentor/mentee program. Dan is married with two children.