“Eman by far exceeds the basic requirements other lawyers give to clients and surpasses all expectations.”
Briana Norman
✦ Board-Certified Specialist in Workers’ Compensation Law — State Bar of California ✦
Bad ruling? We take your case to the next level — Reconsideration, Writ of Review, and beyond.
By Eman Yazdchi, Esq. · Certified Specialist in Workers' Compensation Law
If a judge at the Van Nuys WCAB issued a decision on your workers' comp case that you believe is wrong — an unfairly low disability rating, a denial of medical treatment, or an improper finding on compensability — you have the right to appeal. California Labor Code §5900 allows any party to file a Petition for Reconsideration with the Workers' Compensation Appeals Board within 20 days of the judge's final order, decision, or award. That 20-day window is strict and unforgiving — miss it, and you lose the right to challenge the decision entirely.
For Acton workers, the appeal process presents challenges that urban workers rarely face. This rural community along Sierra Highway has no local legal services, and many workers who handled their claims without an attorney at the trial level don't realize they need one for the appeal until the 20-day deadline is nearly gone. The drive from Acton to the Van Nuys WCAB is roughly an hour each way, making in-person consultations with attorneys in the San Fernando Valley impractical. And the independent, do-it-yourself mindset of the community — while admirable — is poorly suited to the technical, procedurally exacting work of a workers' comp appeal.
Our firm in Palmdale is 25 miles from Acton and regularly handles appeals from the Van Nuys WCAB. Attorney Eman Yazdchi's board certification means we understand the grounds for reconsideration under LC §5903, the standard of review the Appeals Board applies, and how to construct the legal arguments that result in decisions being rescinded, amended, or returned for further proceedings. If you received an unfavorable decision, contact us immediately — every day that passes erodes your 20-day window.
A Petition for Reconsideration is not a second trial. It is a formal legal document filed with the WCAB's appellate division arguing that the trial judge committed a specific legal error. Understanding the grounds, the process, and the realistic outcomes is essential before deciding whether to pursue an appeal of your Acton workers' comp case.
The Appeals Board will grant reconsideration only if the petition establishes one or more of the following grounds:
You have exactly 20 days from the date of service of the judge's decision to file a Petition for Reconsideration. This deadline cannot be extended, tolled, or waived for any reason. For Acton workers who receive the decision by mail, the service date — not the date you read the letter — starts the clock. If you receive an unfavorable decision, contact our office the same day. We can evaluate the decision, identify viable grounds, and prepare the petition within the 20-day window.
After the petition is filed, the opposing party has 10 days to file an Answer. The trial judge then has 15 days to prepare a Report and Recommendation on Petition for Reconsideration. The WCAB's appellate commissioners review the entire record and can take one of several actions: deny the petition (upholding the decision), grant reconsideration and rescind the decision (returning the case for further proceedings), or grant reconsideration and amend the decision (changing the outcome). If the WCAB denies reconsideration, you may seek a writ of review from the California Court of Appeal.
The most frequent appeal issues we see from Acton workers involve excessive apportionment on back and joint injury claims from physical jobs, disability ratings that undervalue physical occupations by failing to properly apply the DFEC adjustment, and medical treatment denials that ignore the treating physician's recommendations. Each of these issues is reversible on appeal when the judge's decision lacks substantial evidentiary support.
Injured at work in Acton? Call (661) 273-1780
Tap to call →The original decision on your Acton workers' comp case was issued by a judge at the Van Nuys WCAB at 6150 Van Nuys Blvd. The Petition for Reconsideration is filed through this office and reviewed by the WCAB's appellate commissioners in San Francisco.
Appeals are won or lost on legal argument, not witness testimony. The petition must identify specific errors of law or fact and cite the evidentiary record precisely. This is technical legal writing that requires deep expertise in workers' comp case law and procedure — not general legal knowledge. Board-certified specialists handle appeals at a level general practitioners cannot match.
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