When you and your workers’ compensation insurance provider disagree about what benefits you should be entitled to receive following a work-related injury or illness, the disagreement may be resolved through a hearing before a workers’ compensation judge. However, this kind of judge does not always side with the injured worker, so seeking help from a knowledgeable workers’ compensation attorney is crucial.
Our skilled legal team could help you contest the insurance carrier’s or Judge’s decision and keep your claim going. When your claim is rejected, you should make speaking with a Victorville workers’ compensation appeals lawyer from Silberman & Lam one of your top priorities, as our attorneys are well-versed in handling the nuances of these cases.
If a workers’ compensation judge (WCJ) decides on a workers’ compensation claim that the injured worker disagrees with, they can begin appealing that decision by filing a petition for reconsideration with the California Workers’ Compensation Appeals Board (WCAB). Usually, the purpose of filing a petition is to establish that there is new evidence supporting the injured person’s case, that the WCJ’s decision was not supported by available evidence, that the findings of fact do not support the award, or that there was some kind of fraud involved in procuring the WCJ’s decision.
Alternatively, it may be possible to file a petition for removal to contest decisions made by a WCJ outside of a formal trial or hearing, as a Victorville workers’ compensation appeals attorney could explain in more detail. This kind of proceeding is generally only warranted in situations where the WCJ’s decision was prejudicial in some way or would cause serious harm to the worker.
People filing a workers’ comp appeal generally have 20 days after receiving a WCJ’s decision on their claim—or 25 days if the decision was mailed to them—to file a petition for reconsideration or removal and serve copies of their petition on all parties involved. If the WCAB agrees with the person filing an appeal, they can grant them reconsideration—or removal, as the case may be—and either replace the WCJ’s decision with their own new decision or order additional steps to be taken such as vacating the award and setting a new hearing or a new assessment of the person’s medical condition.
If the WCAB dismisses or denies the appeal, the injured worker’s only option to continue the appeals process would be to file a writ of review with the California Court of Appeal, which requires assistance from an experienced lawyer in Victorville. In rare situations, it may be possible to progress a claim rejected by the Court of Appeals to the California Supreme Court, but this is generally expensive, time-consuming, and has low odds of success.
Not everyone whose workers’ comp claim is rejected will have legal standing to file an appeal of the judge’s decision about their case. However, for people with valid grounds, enforcing their right to appeal can be exceptionally difficult and extremely important to preserving their long-term prospects.
You have help from beginning to end of the appeals process from an experienced Victorville workers’ compensation appeals lawyer who knows how to handle these situations. Call the tenacious attorneys at Silberman & Lam today for a consultation.
