“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
When the workers' compensation system produces a bad result — a denied claim, an inadequate award, a wrongful termination of benefits — you have the right to appeal. For California City workers who have already been fighting uphill from one of the most isolated communities in California, an appeal can feel like the end of the road. It's not. The appeals process exists precisely because initial decisions are sometimes wrong, and a Board-Certified Workers' Compensation Specialist knows how to use that process to change the outcome. Attorney Eman Yazdchi represents California City workers through every level of the appeals process, from reconsideration at the WCAB to proceedings before the appellate courts.
California's workers' compensation appeals system has multiple levels, and which one applies depends on what kind of decision you're challenging.
Trial-Level Proceedings at the WCAB. The first stage of any disputed workers' comp case is a hearing before a Workers' Compensation Administrative Law Judge (WCALJ) at the local WCAB office. For California City, that office is in Bakersfield. If your claim was denied, if the insurance company stopped your benefits, or if you disagree with your permanent disability rating, this is where the dispute is initially resolved. The judge hears evidence — primarily medical reports, but also testimony and documentary evidence — and issues a Findings and Award or an Order.
Petition for Reconsideration. If you disagree with the WCALJ's decision, you can file a Petition for Reconsideration with the WCAB Appeals Board (the seven-member commissioner panel in San Francisco). Under Labor Code Section 5903, this petition must be filed within 20 days of the service of the decision. Twenty days is not a lot of time, and missing this deadline forfeits your right to appeal. The Petition for Reconsideration must identify specific legal or factual errors in the judge's decision — it is not an opportunity to simply re-argue your case. The commissioners review the record that was created at trial and determine whether the judge's decision was supported by substantial evidence and consistent with the law.
Writ of Review. If the commissioners deny your Petition for Reconsideration or issue an unfavorable decision, you can seek review in the California Court of Appeal by filing a Writ of Review under Labor Code Section 5950. This must be filed within 45 days. The Court of Appeal reviews the WCAB's decision for errors of law — it does not re-weigh the evidence. This is an appellate proceeding with strict procedural requirements, and it requires a lawyer with appellate experience.
Removal and Disqualification. In some situations, you can challenge a judge's interim orders (before a final decision) through a Petition for Removal under Section 5310, or seek to disqualify a judge for bias under Section 5311. These are not common remedies, but they exist for situations where the proceedings themselves are fundamentally unfair.
Not every unfavorable result requires an appeal to the commissioners. Some are better addressed by developing additional evidence and returning to the trial judge. Understanding the difference is critical.
You should consider a Petition for Reconsideration when the judge made a legal error — for example, misapplying the apportionment rules under Labor Code Sections 4663 and 4664, or incorrectly calculating your permanent disability rating. You should also consider reconsideration when the judge's findings are not supported by the evidence in the record — for example, relying on a defense medical report while ignoring a contradicting treating physician opinion without explanation.
You should go back to the trial judge when new evidence has become available — a new medical report, a new diagnostic finding, a previously unavailable witness. Under certain circumstances, you can petition to reopen your case under Labor Code Section 5803 if there has been a change in your condition or new evidence has emerged.
For California City workers, the practical dimension of appeals is significant. Bakersfield is the closest WCAB, and commissioner-level proceedings involve the San Francisco offices. Without a lawyer handling these proceedings, a Cal City worker would face multiple long-distance trips for what is already a stressful and complex legal process. Attorney Yazdchi handles these proceedings so that the injured worker's only obligation is to focus on their health.
Certain appeal issues arise repeatedly in cases involving California City's workforce, and understanding them helps you evaluate whether your case warrants an appeal.
Apportionment disputes. Insurance companies aggressively apportion permanent disability to non-industrial causes, particularly for construction workers and correctional officers with cumulative trauma injuries. A judge who accepts a defense medical report attributing 60 percent of a back injury to "genetics and aging" may have committed legal error if the report fails to meet the standards established in Escobedo v. Marshalls and Benson v. The Permanente Medical Group. These cases require the physician to explain, with reasoning, the basis for apportionment — not just assign a percentage.
Medical evidence errors. When a judge relies on a QME report that contains factual errors — wrong job duties, wrong injury history, wrong diagnostic findings — the resulting decision is vulnerable on appeal. California City workers, whose occupational exposures (extreme heat, remote conditions, correctional environment) are unusual, are particularly susceptible to evaluations by doctors who don't understand what their jobs actually entail.
Benefit calculation errors. Temporary and permanent disability rates depend on the injured worker's average weekly wage. For California City workers who earn overtime, receive shift differentials (common at the correctional facility), or work seasonal construction schedules, the wage calculation can be complex. Errors in this calculation directly affect the dollar value of every benefit you receive.
Injured at work in California City? Call (661) 273-1780
Tap to call →Appeals are the most technical and demanding aspect of workers' compensation practice. A Petition for Reconsideration requires analysis of the trial record, identification of specific legal errors, and persuasive written argument — skills that develop only through repeated practice. A Writ of Review in the Court of Appeal requires appellate brief writing, an understanding of standards of review, and familiarity with the procedural rules that govern appellate practice.
Eman Yazdchi is Board Certified in Workers' Compensation Law by the State Bar of California, a credential held by fewer than 1 percent of attorneys in the state. This certification reflects the depth of experience and legal knowledge required to handle cases at every level — including the appellate stages that most workers' comp attorneys never reach. For a California City worker facing an unfair decision, board certification means your appeal is in the hands of someone who has been through this process before and knows how to win.
Ready to discuss your case? Schedule a free consultation.
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