California Workers’ Compensation: How the Appeal Process WorksBy Katherine L on January 16, 2019 | In Workers Compensation
California provides several stages in which a Workers’ Compensation (WC) applicant can appeal a Workers’ Compensation award decision. Even if your employer’s insurance company accepted your claim, you may want to resolve a dispute that exists in your case.
- Petition for Reconsideration. The initial appeal step is to file a Petition for Reconsideration with your local Workers’ Compensation appeals board district office. Time is of the essence as you only have 20 days from the date you received the decision to appeal, or 25 days if the decision was mailed to you. Use the Petition for Reconsideration, available online, if you believe that the judge’s decision is not supported by the evidence in your case or if you have any new evidence. The appeals board has 60 days to accept your petition and, if no action is taken before then, consider the petition as denied. If accepted, the board will reject, affirm or amend the original decision.
- State appellate court appeal. If you do not agree with the WC appeals board’s decision, you can take your appeal to the next level – the state appellate court. This petition for a “writ of reviews” must be filed locally within 45 days. The appellate court is limited and it is rare for this court to overturn the appeals board decision.
- Appeal to the California Supreme Court. Technically, you would have the right to appeal here if the state appellate court takes no action, but the state Supreme Court rarely hears a WC appeal.
You may get some help to file a Petition for Reconsideration from your local district WC office. You may also consider consulting an experienced California WC attorney. If you must go through the complex process of appealing to the appellate court or Supreme Court stage, the assistance of a qualified attorney is essential.
Let Us Know If You Need Help with a California Workers’ Compensation Claim
If you or a loved one has been denied Worker’s Compensation or Social Security Disability (SSD) benefits, it’s important to get an attorney experienced in these types of cases involved immediately. Call 800.438.7734 for your initial free consultation, either in our office or in the comfort of your own home. The Kenton Koszdin Law Office, Social Security attorney in Van Nuys, can help you navigate the application process for the best possible outcome for you and your family.