What Does the California Workers’ Compensation Appeals Board Do?By Kenton Koszdin Law Office on September 19, 2012 | In Workers Compensation Claims
After a workers’ compensation claim is filed in California, the Division of Workers’ Compensation decides whether or not to approve benefits. If a workers’ comp claim is denied by a workers’ compensation judge, the injured worker may request reconsideration by the Workers’ Compensation Appeals Board (WCAB).
The petition for reconsideration by the WCAB must be filed within 20 days of the adverse decision, and petitions may only be filed on certain grounds. The grounds for filing a petition for reconsideration by the WCAB include:
- The appeals board or the workers’ compensation judge did something outside of, or in excess of, their powers under law;
- The decision was based on fraud;
- The evidence does not justify the decision;
- Newly discovered evidence exists that could not have been produced at the original hearing; or
- The findings of fact in the hearing do not support the decision that was made.
Once a petition for reconsideration is filed by an injured worker, the employer may file an answer within ten days. The workers’ compensation judge has 15 days to prepare an explanation of his or her decision in the hearing. Once the petition is filed, the WCAB must take action within 60 days. If the WCAB does nothing within the 60-day time period, the petition is denied automatically.
At the Kenton Koszdin Law Office, a dedicated Los Angeles workers’ compensation claim denial attorney can help you with every step of the workers’ compensation process, from filing your initial claim to reconsideration and appeals. For a free, confidential consultation, call us today at (800) 438-7734 or use our online Contact Form.