“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
When a workers' compensation judge at the Van Nuys WCAB issues a decision that shortchanges your benefits, or when an insurance carrier denies your claim after an internal review, the appeals process is your recourse. But appeals in California workers' compensation are technical, deadline-driven proceedings where procedural missteps can permanently forfeit your rights. For Glendale workers who have already been through the frustration of a denied or undervalued claim, the prospect of another legal proceeding can feel overwhelming. That is precisely why you need a board-certified specialist handling your appeal.
At Yazdchi Law P.C., attorney Eman Yazdchi has handled workers' compensation appeals at every level of the system — from petitions for reconsideration before the WCAB to writs before the California Court of Appeal. We know the standards of review, the briefing requirements, and the strategic decisions that determine whether an appeal succeeds or fails.
The California workers' compensation system has multiple layers of review, and the term "appeal" can refer to different proceedings depending on where your case stands:
Petition for Reconsideration. If a workers' compensation judge at the Van Nuys WCAB issues a Findings and Award or other final order that you believe is incorrect, you have 20 days to file a Petition for Reconsideration with the WCAB Appeals Board commissioners in San Francisco. This is not a new trial — the commissioners review the existing record to determine whether the judge made an error of law, acted without or in excess of their powers, or made findings unsupported by substantial evidence. Under LC section 5903, the grounds for reconsideration are specific and must be articulated clearly in the petition.
Removal. For interlocutory orders — decisions made during the case that are not final — the mechanism is a Petition for Removal under LC section 5310 and WCAB Rule 10843. Removal is appropriate when a judge's interim order threatens significant prejudice or irreparable harm that cannot be corrected after a final decision. This might include an order striking a medical report, denying a continuance that prevents you from obtaining critical evidence, or improperly limiting discovery.
Writ of Review. If the WCAB commissioners deny your Petition for Reconsideration or issue a decision you disagree with, the next step is filing a Writ of Review with the California Court of Appeal under LC section 5950. This is a judicial review proceeding with its own briefing schedule, record requirements, and legal standards. The Court of Appeal will overturn the WCAB only if the decision is unreasonable, unsupported by substantial evidence, or contrary to law.
Appeals arise from a variety of situations, and Glendale's employment landscape generates several recurring patterns:
Unfavorable QME or AME reports. Many cases at the Van Nuys WCAB turn on the medical-legal evidence. If the qualified medical evaluator or agreed medical evaluator issues a report that undervalues your disability or attributes too much of your condition to non-industrial factors, the judge may adopt those findings. If we can demonstrate that the medical report is not substantial evidence — because it fails to address relevant medical records, relies on an inaccurate history, or applies incorrect legal standards — reconsideration may be warranted.
Excessive apportionment. Glendale's cumulative trauma claims frequently involve apportionment disputes. A judge who accepts the defense medical evaluator's 70 percent apportionment to non-industrial degeneration may have it wrong if the report fails to adequately explain the basis for that figure. Apportionment must be based on substantial medical evidence under LC sections 4663 and 4664 — conclusory opinions are not sufficient.
Psychiatric injury threshold errors. Workers at Glendale's insurance companies and financial firms sometimes pursue stress-related claims under LC section 3208.3. If a judge incorrectly applies the "predominant cause" standard or misapplies the six-month employment requirement, an appeal can correct the error.
Procedural errors at hearing. Judges occasionally exclude evidence improperly, fail to consider relevant reports, or misapply evidentiary rules. These procedural errors are grounds for reconsideration when they affect the outcome of the case.
A Glendale hospital worker receives a permanent disability rating of 22 percent for a lumbar spine injury that required fusion surgery. The judge relied on a QME report that apportioned 50 percent of the disability to "pre-existing degenerative changes" visible on pre-injury imaging. We file a Petition for Reconsideration arguing that the QME's apportionment analysis is conclusory and fails to explain why the degenerative findings — which are nearly universal in the working-age population — constitute a basis for reducing the industrial disability.
An office worker at a Glendale insurance company has her psychiatric injury claim denied at trial because the judge found she had not met the "predominant cause" threshold. We petition for reconsideration, arguing that the judge failed to properly weigh the forensic psychiatrist's detailed report against the defense evaluator's cursory analysis, and that the evidence, viewed in its totality, establishes predominant industrial causation.
Appeals require a fundamentally different skill set than initial claim handling. The Petition for Reconsideration is essentially a legal brief that must identify specific errors and cite supporting authority. It demands a lawyer who can analyze a trial record, identify the weaknesses in the judge's reasoning, and frame the issues in a way that gives the commissioners a basis to grant relief.
Eman Yazdchi's board certification in workers' compensation law encompasses the appellate process. The board certification examination tests knowledge of WCAB appellate procedures, standards of review, and the case law governing reconsideration and removal. When you hire our firm for an appeal, you are getting a lawyer who has been independently verified as having advanced competence in exactly this area.
Injured at work in Glendale? Call (661) 273-1780
Tap to call →The 20-day deadline for filing a Petition for Reconsideration is jurisdictional. If you miss it, you lose the right to challenge the judge's decision regardless of how strong your case might be. If you have received an unfavorable decision from the Van Nuys WCAB, contact Yazdchi Law P.C. immediately for a free consultation. We will review the decision, assess whether an appeal has merit, and move quickly to protect your rights.
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