“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 a Workers' Compensation Administrative Law Judge at the Van Nuys WCAB issues a decision you believe is wrong — whether it denies your claim entirely, undervalues your permanent disability, or cuts off your medical treatment — you have the right to appeal. The appeals process in California workers' comp is a distinct legal proceeding with its own rules, deadlines, and strategic considerations. It is not a do-over of your original hearing. It is an argument that the judge made a legal or factual error that warrants reversal. Winning an appeal requires a lawyer with deep expertise in workers' comp law and appellate advocacy.
Yazdchi Law P.C. handles workers' comp appeals for injured workers throughout North Hollywood and the greater San Fernando Valley.
California's workers' comp appellate system has multiple levels, each with different standards and procedures.
The first step in challenging an unfavorable decision is filing a Petition for Reconsideration with the WCAB within 25 days of the judge's order, decision, or award under LC section 5903. This is a strict deadline — miss it, and your right to appeal is gone. The petition asks the WCAB commissioners in San Francisco to review the trial judge's decision for legal errors, findings unsupported by substantial evidence, or new evidence that could not have been discovered before the original hearing.
The WCAB has 60 days to act on your petition. If they do not act within that window, the petition is deemed denied by operation of law, which preserves your right to appeal further.
If the WCAB denies your Petition for Reconsideration, you can seek a Writ of Review from the California Court of Appeal under LC section 5950. This must be filed within 45 days. At this level, the appellate court examines whether the WCAB acted without or in excess of its powers, whether the decision was unreasonable, or whether the WCAB's findings are not supported by substantial evidence. Writ proceedings involve formal appellate briefing and are significantly more complex than the petition stage.
In rare cases involving important legal questions, a further appeal to the California Supreme Court is possible, though the court accepts very few workers' comp cases.
Not every unfavorable decision warrants an appeal. Appeals succeed when there is a genuine legal or evidentiary error, not simply because you disagree with the outcome. Common grounds for successful workers' comp appeals include:
Incorrect application of law — the judge applied the wrong legal standard to your claim. For example, using an incorrect method to calculate your permanent disability rating or misapplying the rules on apportionment under LC section 4663.
Findings not supported by substantial evidence — the judge reached a conclusion that the medical evidence in the record does not support. If the judge relied on one doctor's opinion that is contradicted by more persuasive evidence from another evaluator, this can be grounds for reversal.
Procedural errors — the judge excluded evidence you should have been allowed to present, or denied you a continuance that was warranted under the circumstances.
New evidence — in limited situations, evidence discovered after the hearing that could change the outcome may support reconsideration.
The Van Nuys WCAB District Office handles a massive caseload of workers' comp cases from across the San Fernando Valley, including all of North Hollywood. Judges managing heavy dockets sometimes make decisions that, while understandable given time constraints, contain reversible errors. A warehouse worker's cumulative trauma claim may be undervalued because the judge gave too much weight to an insurer's medical evaluator. A theater worker's claim may be partially denied due to an incorrect apportionment finding. A construction worker's case may receive a lower permanent disability rating than the evidence supports.
These errors are correctable through the appeals process, but only if identified and argued by an attorney who understands both the trial-level record and the appellate standards of review. Generic legal representation is not sufficient. Workers' comp appeals require specific knowledge of the Labor Code, WCAB precedent decisions, and the administrative procedures that govern how appeals are processed.
Eman Yazdchi is a Board Certified Specialist in Workers' Compensation Law, recognized by the California State Bar for advanced expertise in this practice area. His regular appearances at the Van Nuys WCAB give him firsthand knowledge of how that office's judges approach contested issues, which is invaluable when crafting an appeal that identifies where a decision went wrong.
Appellate work in workers' comp demands meticulous legal writing, thorough knowledge of the evidentiary record, and the ability to identify issues that appellate commissioners and appellate court justices will find persuasive. Yazdchi Law brings this combination of skills to every appeal we handle.
We also take on cases where a different attorney handled the trial level and the client is seeking new counsel for the appeal. If you received an unfavorable decision and your current attorney is unable or unwilling to pursue an appeal, we can evaluate the case with fresh eyes and honest assessment of whether an appeal is likely to succeed.
Injured at work in North Hollywood? Call (661) 273-1780
Tap to call →If you received an unfavorable workers' comp decision at the Van Nuys WCAB, time is critical. You have only 25 days to file a Petition for Reconsideration. Contact Yazdchi Law P.C. immediately for a free consultation. We will review the decision, assess the strength of your appeal, and if the case warrants it, file the petition before the deadline passes. A board-certified specialist can make the difference between a decision that stands and one that gets reversed.
Ready to discuss your case? Schedule a free consultation.
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