“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 ✦
A denial is not the end. It’s the beginning of our fight for your benefits.
By Eman Yazdchi, Esq. · Certified Specialist in Workers' Compensation Law
You did everything right. You reported your injury at Plant 42, at the Amazon warehouse, or on a construction site off Avenue P. You filled out the DWC-1 form. You saw the doctor. Then the letter arrived: claim denied. Insurance companies banking on you giving up is the oldest play in the book — and it works on workers who don't know that a denial is just the beginning of the fight, not the end.
We see denied claims from Palmdale workers every week. Lockheed Martin subcontractor insurers deny repetitive stress claims by blaming pre-existing arthritis. Construction insurers deny back injuries by questioning whether the injury really happened on the jobsite. Amazon's insurer denies cumulative trauma claims by arguing the worker hasn't been there long enough. Each denial has a specific legal strategy to overcome it — and a board-certified specialist knows every one.
From our office on Avenue M-14, we've overturned hundreds of workers' comp denials for Palmdale workers. The denial letter feels devastating, but the legal reality is that the insurer's position is often weak. California law provides powerful tools — including the 90-day presumption of compensability — that shift the fight in your favor once you have the right attorney.
One of the most powerful protections in California workers' comp law is the 90-day presumption of compensability under LC §5402. Here's how it works:
Once you file your DWC-1 claim form, the insurance company has exactly 90 days to accept or deny your claim. If they fail to issue a formal denial within that window, your injury is presumed compensable. The burden of proof flips — instead of you proving the injury is work-related, the insurer must prove it is not. This is a game-changer that many Palmdale workers don't realize applies to their case.
When your claim is denied, the path forward goes through the Workers' Compensation Appeals Board (WCAB). The process typically follows these stages:
Sometimes the claim itself is accepted, but specific treatments are denied through Utilization Review (UR). If your doctor recommends surgery, an MRI, or physical therapy and the insurer's UR denies it, you can appeal through Independent Medical Review (IMR) under LC §4610. IMR is decided by physicians independent of the insurer, and overturns UR denials in a significant percentage of cases.
Injured at work in Palmdale? Call (661) 273-1780
Tap to call →All Palmdale denied claim hearings take place at the Van Nuys WCAB district office. We appear here regularly and are familiar with the judges, procedures, and evidence standards that determine outcomes for AV workers' denied claims.
After a denial, we can file a Declaration of Readiness immediately. An MSC is typically scheduled within 60-90 days. If the case proceeds to trial, a decision usually comes within 30-60 days after. Many denied claims are resolved favorably within 4-8 months of initial legal action.
Ready to discuss your case? Schedule a free consultation.
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