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✦ 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 Appeals Board judge issues a decision you believe is wrong — whether it denies your claim outright, awards an inadequate permanent disability rating, or limits your medical treatment — you have the right to appeal. But the workers' comp appeals process in California is technical, deadline-driven, and unforgiving of procedural errors.
Attorney Eman Yazdchi of Yazdchi Law P.C. is a board-certified workers' compensation specialist who handles appeals at every level of the system. Board certification by the California State Bar means Eman has demonstrated mastery of the substantive and procedural complexities that define workers' comp appeals — expertise that is critical when you are challenging an unfavorable decision.
The California workers' compensation system has multiple levels of review:
The first step in most appeals is filing a Petition for Reconsideration with the WCAB within 20 days of the judge's decision (or 25 days if served by mail). This petition asks the WCAB commissioners to review the trial judge's Findings and Award for legal error, factual error, or newly discovered evidence. The petition must identify specific grounds for reversal — this is not a simple "I disagree" filing. Common grounds include:
The WCAB has 60 days to act on the petition. If they do not act within that period, the petition is deemed denied by operation of law.
If the WCAB denies your Petition for Reconsideration, you may seek a Writ of Review from the California Court of Appeal within 45 days. This is an appellate court proceeding with formal briefing requirements. The Court of Appeal will review whether the WCAB's decision is supported by substantial evidence and whether the WCAB correctly applied the law. Writ proceedings are complex and require appellate-level legal writing.
Not every unfavorable decision warrants an appeal. Appeals are appropriate when:
The DTLA office worker who receives a 15% permanent disability rating for her cervical spine injury, but the judge improperly apportioned 50% of her disability to age-related degeneration despite her treating physician's opinion that the entire condition was caused by a specific work incident. A Petition for Reconsideration challenges the apportionment finding as unsupported by substantial evidence.
The Hollywood stagehand whose claim is denied entirely because the judge found he was an independent contractor. The judge applied the wrong legal test for employment status — using the common-law Borello test instead of the stricter ABC test required under AB 5 for this type of work. This is a clear legal error suitable for appeal.
The Port of LA longshoreman who wins his case at trial but receives a permanent disability rating that fails to account for two of his injured body parts because the judge misread the QME report. A petition identifies this factual error and requests correction.
Appeals require a fundamentally different skill set than trial-level practice. Many workers' comp attorneys are comfortable at trial but lack the appellate writing and analytical skills needed to draft a persuasive Petition for Reconsideration or Writ of Review. Yazdchi Law P.C. offers:
Injured at work in Los Angeles? Call (661) 273-1780
Tap to call →The 20-day deadline for filing a Petition for Reconsideration is absolute. Miss it, and you lose your appeal rights permanently — there are no extensions. If you received an unfavorable decision from the Los Angeles WCAB, time is of the essence.
Contact Yazdchi Law P.C. immediately for a free consultation about your workers' comp appeal. Attorney Eman Yazdchi will review the decision, assess the grounds for appeal, and advise you on the best path forward.
Ready to discuss your case? Schedule a free consultation.
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