“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
A workers' comp judge at the Van Nuys WCAB issued a decision on your case, and the result was wrong. Maybe the judge undervalued your permanent disability rating for a back injury sustained on a construction site along Avenue O. Maybe the ruling improperly apportioned your cumulative trauma claim from years of warehouse work, attributing too much of your disability to aging instead of the physical labor that caused it. Maybe a heat illness claim from a desert jobsite near 170th Street East was denied based on a flawed medical report. Whatever the error, California law gives you the right to challenge it — but the window is dangerously narrow.
You have exactly 20 days from the date the judge's decision is served to file a Petition for Reconsideration under LC §5903. Miss that deadline by even one day and your right to appeal is gone permanently. The petition must identify specific legal or factual errors in the decision — a general statement that you disagree with the outcome is not enough. This is appellate-level legal work that demands deep procedural knowledge and precise legal writing.
Attorney Eman Yazdchi is board-certified in workers' compensation law and has filed Petitions for Reconsideration for Lake LA construction workers, warehouse laborers, temp agency employees, and tradespeople. From our Palmdale office — 25 miles west of Lake Los Angeles — we handle appeals at the Van Nuys WCAB and, when necessary, pursue Writs of Review at the California Court of Appeal under LC §5950. Lake LA workers deserve the same appellate expertise as workers anywhere in Los Angeles County.
A Petition for Reconsideration under LC §5903 must identify specific grounds — you cannot simply re-argue your case or express dissatisfaction with the outcome. The WCAB Appeals Board will grant reconsideration only if it finds one or more recognized errors in the judge's decision:
The judge's decision must be supported by substantial evidence in the record. If the judge relied on the insurer's QME report while ignoring your treating physician's well-documented opinions — a common problem in Lake LA cases where the insurer's doctor never examined the physical demands of construction or warehouse work — we challenge the evidentiary foundation. A medical report that fails to account for the specific hazards of your occupation does not constitute substantial medical evidence.
Legal errors include misapplying the permanent disability rating formula, incorrectly calculating apportionment under LC §4663, misinterpreting the AMA Guides 5th Edition, or placing the wrong burden of proof on the injured worker. For Lake LA temp agency workers, a judge who failed to properly apply the dual-employer liability doctrine — holding only the staffing agency responsible when the host employer shared liability — committed a reversible legal error.
Evidence that was not available at trial but would materially change the outcome can support an appeal. A subsequent MRI revealing progressive disc herniation, a new specialist diagnosis, or a treating physician's updated report completed after the trial date all qualify. The evidence must be genuinely new — not simply information that existed but was not presented.
Procedural errors that denied you a fair hearing — the judge refused to admit properly disclosed evidence, cut off testimony prematurely, or failed to address issues properly raised — constitute appealable irregularities. For Lake LA workers who may appear at the Van Nuys WCAB without full understanding of the process, these procedural missteps can be especially damaging.
If the WCAB Appeals Board denies your Petition for Reconsideration, a Writ of Review under LC §5950 takes your case to the California Court of Appeal. Writs are granted sparingly, but they are essential when the WCAB panel itself committed legal error or when the case involves significant questions of law that affect workers beyond your individual claim. We have pursued Writs of Review for AV workers when the legal stakes justified this additional level of appellate advocacy.
Injured at work in Lake Los Angeles? Call (661) 273-1780
Tap to call →Lake Los Angeles workers' comp cases are tried at the Van Nuys WCAB district office. Petitions for Reconsideration are filed with the WCAB Appeals Board in San Francisco but originate from the Van Nuys trial record. Our firm prepares thorough trial records specifically to preserve appeal rights for Lake LA workers.
Appeals are won on legal argument, not emotional testimony. A board-certified specialist identifies the precise legal error in the judge's decision and frames the petition to maximize the likelihood of reversal. For Lake LA workers who already face barriers to accessing quality legal representation, having a certified specialist on appeal can be the difference between an unjust ruling and the benefits you deserve.
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