It is not uncommon to have your workers' compensation
claim denied. The California workers' comp system is designed to provide stringent
evaluation of each claim and even the smallest oversight can disqualify
a submission. Even when workers' comp benefits are rewarded, it is
possible that they do not cover the full scope of the treatment claimant
needs to fully recover from their injury.
In these cases, an appeal may be necessary. Below, we take a closer look
at this process, the requirements of fighting to having your workers'
comp claim recognized, and why having experienced legal counsel by your
side gives you the best chance of securing the benefits you deserve.
Worker’s Comp Appeals Board Hearing
The first step in the appeals process is to request a trial (or hearing)
with your local Worker’s Comp Appeals Board (WCAB). At this stage,
the applicant and their counsel can argue for why they believe the WCAB
determination of their claim was wrong and why the claim deserves further
The claimant and their counsel can provide documentation to support their
claim. However, if the appeals board judge rules to uphold the original
determination, further action is needed to appeal the decision.
Petitioning to the Higher WCAB
If you were personally handed the WCAB's judgment of your case, you
have 20 days to file for reconsideration (you have 25 days if you later
receive your decision in the mail). You can do this by filing a Petition
for Reconsideration to the higher WCAB located in San Francisco.
It is very important that this petition paperwork is filled out carefully.
Your counsel can assist you in making sure that you only provide relevant
information and that the petition compellingly illustrates why the appeals
judge's decision was inappropriate.
Once the WCAB in San Francisco receives your petition, the appeals board
there has 60 days to assess it and make a decision. This usually occurs
without a hearing (which is why the documentation is so critical) and
the claimant is notified of its decision via the mail.
Appeal to State Appellate Court
If the WCAB decision is still unsatisfactory, a claimant can still request
a writ of review of the state appellate court within 45 days of the decision.
California Labor Code Section 5950 provides that the state appellate court
can step into the workers' comp process and decide whether or not
the reasoning behind the WCAB's decision is sound.
Note that the State Appellate Court does not have the power to award benefits.
In this case, they can only send the case back to the WCAB for further
consideration. In very rare cases, an unsatisfactory State Appellate Court
can open a window for an appeal to the California Supreme Court, but that
court seldom considers these cases.
Call the Law Offices of Wax & Wax Today
If your workers' compensation claim was denied, or you were awarded
insufficient benefits, we invite you to contact us at the
Law Offices of Wax & Wax today. Our award-winning Glendale workers' compensation attorneys
are well-aware of the challenges claimants face during the appeals process
and have time and time again helped our clients navigate this process
towards recovering the benefits they deserve.
Ready to start fighting for workplace injury relief? Contact us today to
free case evaluation with our team.