“I am glad and so very pleased...she made happen what no other attorney could do. So far she has proven her weight in gold.”
Jamal Sharples
Palmdale
✦ 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
You went through the workers' comp process. You attended medical evaluations, provided documents, and waited months for a hearing. Then the judge at the Van Nuys WCAB issued a decision that you believe is wrong — denying your claim, assigning an inadequate disability rating, or limiting your medical treatment. That decision is not necessarily final. California's workers' compensation system provides a structured appeals process for exactly this situation.
Attorney Eman Yazdchi of Yazdchi Law P.C. is a board-certified workers' compensation specialist with the appellate skills to challenge unfavorable decisions on behalf of Burbank workers. Board certification by the California State Bar reflects verified expertise across the full scope of workers' comp practice, including the highly technical appeal process.
The first and most important level of appeal is the Petition for Reconsideration, filed with the Workers' Compensation Appeals Board within 20 days of the judge's decision (25 days if served by mail). This petition asks the seven WCAB commissioners in San Francisco to review the trial judge's Findings and Award.
A successful petition must demonstrate one or more specific grounds:
The WCAB has 60 days to act on the petition. If they do not act within that period, the petition is automatically denied — a result that preserves your right to seek further review.
If the Petition for Reconsideration is denied, you may file a Writ of Review with the California Court of Appeal within 45 days — a formal appellate proceeding with written briefing where the court reviews whether the WCAB correctly applied the law.
Not every unfavorable decision should be appealed. An appeal is appropriate when:
The judge misunderstood your employment status. In Burbank, where entertainment workers are frequently denied claims based on alleged independent contractor status, a judge who applies the wrong legal test — using the multi-factor Borello test when the ABC test under AB 5 should apply — commits a legal error ripe for reversal.
The PD rating ignores medical evidence. If the judge adopted a QME opinion contradicted by objective medical findings, surgical records, or treating physician reports, the decision may not be supported by substantial evidence.
Apportionment was improperly applied. A judge who attributes 70% of a Burbank set builder's back disability to "aging" despite his physically demanding career may have committed a factual error reviewable on appeal.
Procedural errors occurred at trial. If you were denied the opportunity to submit evidence or cross-examine a medical witness, those errors may constitute grounds for reconsideration.
The camera operator at a Disney production wins his claim for a cervical spine injury but receives only an 8% PD rating. The QME who examined him spent 15 minutes on the evaluation and produced a report that ignores his two cervical surgeries and the fact that he can no longer perform overhead camera work. The Petition for Reconsideration argues the judge's adoption of this deficient QME report is not supported by substantial evidence.
The manufacturing worker on San Fernando Boulevard has her cumulative trauma claim denied because the judge found she did not prove industrial causation. However, the judge ignored the treating physician's detailed report connecting 15 years of repetitive assembly work to bilateral wrist and shoulder conditions. A petition arguing the judge failed to consider substantial evidence supporting causation has strong prospects.
The stunt performer at Warner Bros. is denied workers' comp entirely because the judge accepts the insurer's argument that he was an independent contractor. The judge's analysis relies on the Borello test, but the work — stunt coordination on a studio production — falls squarely within AB 5's ABC test, under which the performer is an employee. This legal error is a strong basis for reversal.
Injured at work in Burbank? Call (661) 273-1780
Tap to call →You have just 20 days from the date of the Van Nuys WCAB judge's decision to file a Petition for Reconsideration. There are no extensions. If you believe your Burbank workers' comp case was decided incorrectly, every day counts.
Contact Yazdchi Law P.C. immediately for a free consultation. Attorney Eman Yazdchi will review the decision and advise you on whether an appeal is the right course of action.
Ready to discuss your case? Schedule a free consultation.
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