“Eman really knows his stuff and we were very pleased with our end result.”
Myretta & Thomas Knorr
Workers' Comp Appeal Attorney in Pasadena, California
Certified Specialist (CA Bar)No Fee Unless We Win (Costs May Apply)Millions RecoveredSe Habla Español
- Years of Practice
- 14+
- Cases Handled
- 500+ over 14+ years of practice
- Recovered
- $7M+ over 14+ years of practice
- Bilingual + Farsi
- English + Español + Farsi
By Eman Yazdchi, Esq. · Certified Specialist in Workers' Compensation Law, State Bar of California Board of Legal Specialization · Cal Bar #285231
Did the insurance company deny your Pasadena workers' comp claim? A denial is not the end of your case. It is the start of the fight for what you are owed. You have real ways to push back, and the deadlines are short.
If your claim or your treatment was turned down, you can appeal. A successful appeal can restore what the denial took. That means your paid medical treatment, your wage checks (two-thirds of your pay, up to 104 weeks), and your permanent disability award. You pay nothing up front to challenge a denial. The same rights protect you whether you nurse at Huntington Hospital, cook in Old Town, or work a Caltech lab.
Here is what to do today:
- Find the date on your denial letter. Your deadline runs from that date, not from the day you opened it.
- Calendar your deadline now. A denied treatment gives you 30 days. A judge's decision gives you 25 days if it was mailed, or 20 if it came electronically.
- Gather your file and call us. Save the denial, your medical reports, any QME report, and your hearing notice. Then call (661) 273-1780 before the clock runs out.
Was your Pasadena claim denied? You can fight it.
Yes. Almost every denial can be appealed. A denied treatment goes to Independent Medical Review. A denied claim or a bad ruling goes to a Petition for Reconsideration at the WCAB.
Insurers deny claims for all kinds of reasons. They say the injury did not happen at work. They blame an old condition. They cut off care a doctor ordered. None of that is the last word. California gives every injured worker a way to challenge a denial. The right path depends on what was denied, and we lay out both roads below.
Pasadena workers bring us the same denials again and again. A veteran nurse at Huntington Hospital or Kaiser watches apportionment slash her lumbar award. A Caltech or JPL technician with a thin paper trail gets a quick denial. A hotel housekeeper or line cook sees a needed surgery refused at review. Every one of these can be appealed.
UR vs IMR vs a WCAB appeal: which path is yours?
It depends on what was denied. A denied treatment is fought through Independent Medical Review. A denied claim or a bad judge's decision is fought through a Petition for Reconsideration at the WCAB.
There are two very different kinds of denial, and they take two different roads. Getting on the wrong road wastes days you cannot spare. Here is how to tell which one is yours.
A denied treatment: utilization review, then IMR
When your doctor requests surgery, therapy, or an MRI, the insurer sends it to utilization review. A reviewer you never meet can deny or change the request. You cannot take a treatment denial straight to a judge. You appeal it through Independent Medical Review, and you have 30 days from the denial to file. An outside doctor then weighs the decision against the state's treatment guidelines.
IMR is built to be the final word on medical necessity. Under §4610.6, you can challenge an IMR result only on narrow grounds, like fraud, a serious conflict of interest, or clear bias. That is why the first appeal has to be strong. We build it with your treating doctor's report, your imaging, and proof that simpler care already failed.
A denied claim or a bad decision: a Petition for Reconsideration
A denied claim is different from a denied treatment. So is a ruling you believe a judge got wrong. After a workers' compensation judge issues a Findings and Award, you challenge it with a Petition for Reconsideration under §5903. A panel of commissioners who run the WCAB then reviews what the judge did.
Labor Code §5903: "At any time within 25 days after the service of any final order, decision, or award... any person aggrieved thereby may petition for reconsideration upon one or more of the following grounds and no other."
The grounds matter. You can argue the evidence does not support the findings. You can argue the judge acted beyond the law, or that important new evidence has surfaced. Simply disliking the result is not enough. We frame the petition around the exact legal error, and we cite the pages of the record that prove it.
What does the appeal process actually look like?
You file your petition electronically through the WCAB's EAMS system. The judge reports on it, a panel of commissioners decides, and a still-wrong result can go up to the Court of Appeal.
A Petition for Reconsideration is filed through the state's electronic system, called EAMS, at the district office where your judge sits. The judge who heard your case writes a report answering your arguments first. Then a three-member panel of WCAB commissioners reviews the whole record. They can uphold the decision, change it, or send it back for more evidence.
If the commissioners still rule against you, the fight is not always over. You can ask the Court of Appeal to review the decision, and you have 45 days to file. And if your case already closed but your injury later worsens, you have another option. You may be able to reopen it within five years of the original injury. Each step has a hard deadline, so do not wait to get advice.
What evidence wins a workers' comp appeal?
Substantial medical evidence. Appeals are won on the record and the doctors' reports, not on how unfair the denial felt. A report's reasoning matters more than its conclusion.
Most appeals turn on one phrase: substantial medical evidence. A doctor's opinion only carries weight when it explains the how and the why behind it. A report that gives a conclusion with no reasons can be set aside, and a sharp appeal attacks exactly that gap. Weak reports decide cases that should have gone the other way.
Three errors drive most of the Pasadena appeals we take. The first is bad apportionment. On a long-tenure nurse at Huntington Hospital or Kaiser, the insurer pins the disability on old wear instead of the job. The rule from Escobedo v. Marshalls, a WCAB en banc decision, allows that split only with real medical reasons. A guess does not qualify.
The second error is a rating that ignores how hard the job is. On a hotel or light-industrial file, the wrong occupational adjustment can cut an award by thousands of dollars. The third is a botched panel QME process, like a missed strike or a mismatched specialty. On a thin Caltech or JPL file, we also fight fast denials that ignored the 90-day rule. We rebuild the record and force each report to meet the legal standard.
How long do you have to appeal?
Not long. Most appeal clocks run 20 to 45 days, and a missed deadline can end your case for good. The table below shows the exact window for each kind of denial.
Appeal deadlines in workers' comp are short and unforgiving. Miss one and you can lose the right to fight, no matter how strong your case is. The date that starts the clock sits on the denial or the decision itself. Here is every appeal route and its deadline in one place.
| What was denied | Your appeal route | Deadline | Law |
|---|---|---|---|
| Treatment denied at Utilization Review | Independent Medical Review | 30 days from the denial | §4610.5 |
| IMR upheld the denial | Appeal only on narrow grounds (fraud, bias, conflict) | 30 days | §4610.6 |
| A judge's decision (Findings & Award) | Petition for Reconsideration | 25 days if mailed, 20 if served electronically | §5903 |
| Reconsideration denied | Writ of Review to the Court of Appeal | 45 days | §5950 |
| New or worse disability after a closed case | Petition to Reopen | Within 5 years of the injury | §5803 |
Not sure which clock is running on your case? A free call sorts it out fast: (661) 273-1780.
The full legal basis
Everything above rests on these California Labor Code sections. Each link opens the official statute text.
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Tap to call →What is special about appeals at the Los Angeles WCAB?
It is one of the busiest appeal venues in the state. Eman Yazdchi files reconsideration petitions there and at the Pomona office, and knows the local judges and the panel process.
Where is the Los Angeles WCAB, and who does it cover?
Most Pasadena cases are heard at the Los Angeles district office of the WCAB, at 320 W. 4th Street downtown. Some San Gabriel Valley files are venued at the Pomona district office instead. Your Petition for Reconsideration is filed through EAMS at the office where your judge issued the decision. Yazdchi Law appears regularly at both the Los Angeles and Pomona offices on appeal matters.
Which Pasadena claims get appealed most?
The work that defines Pasadena drives the appeals we handle:
- Hospital and clinic staff: nurses and aides at Huntington Hospital and Kaiser whose lumbar awards get cut by apportionment after years of lifting patients.
- Research and lab workers: technicians and facilities crews at Caltech and JPL who get fast denials on thin records, where the 90-day rule was ignored.
- Hospitality and food service: housekeepers at the Langham and Hilton, Rose Bowl event crews, and cooks along Colorado Boulevard with ratings that ignore how hard the work is.
- City and public works: City of Pasadena crews in sanitation, parks, and water and power, hurt lifting and bending on the job.
- Retail and light industry: stockroom and warehouse workers in East Pasadena and on South Lake Avenue with denied repetitive-strain claims.
Denied a serious-and-willful claim at a Pasadena hospital?
Did a Huntington Hospital or Kaiser unit fail to keep a trained lift team or the right equipment? That gap can help show your injury came from the job. It can also support a serious-and-willful penalty claim, though that carries a high bar of proof. These claims get denied often, and a denial can be appealed. We know how to build the record the law requires. Related: California healthcare-worker injury claims.
What does a Pasadena appeal lawyer cost?
Nothing up front. You pay no fee unless your appeal wins. A WCAB judge sets the fee in California, usually 12 to 15 percent of your recovery.
There is no hourly bill and no charge to begin your appeal. A WCAB judge sets the attorney fee, normally 12 to 15 percent of what your appeal recovers. You owe it only if we win. Lose, and you pay no fee at all. A housekeeper at the Langham gets the same representation as a Caltech researcher, whatever the paycheck.
About your attorney
Eman Yazdchi is a Certified Specialist in Workers' Compensation Law, certified by the California Board of Legal Specialization, State Bar of California. He holds California Bar number 285231. Fewer than 1% of California lawyers hold this credential. He has represented hundreds of California workers and appears regularly at the Los Angeles WCAB. His firm has recovered up to $5,000,000 for a catastrophic spinal-cord injury and $1,500,000 for a cervical-spine injury. Past results do not guarantee future outcomes. More about Eman Yazdchi. Verify his State Bar profile.
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Workers' Comp Appeal Questions in Pasadena, CA
What if utilization review denied the treatment my doctor ordered?
You appeal through Independent Medical Review, and you have 30 days from the denial to file. An outside doctor reviews your records against the state treatment guidelines and can overturn the insurer. A strong appeal shows three things. Simpler care already failed. Your imaging backs the diagnosis. And your treating doctor explained why you need the treatment. We file these for Pasadena workers and push to get care restored. Call (661) 273-1780.
Can I appeal a workers' comp judge's decision I think is wrong?
Yes. You file a Petition for Reconsideration under §5903. The deadline is 25 days if the decision was mailed, or 20 days if it was served electronically. You can argue the evidence does not support the findings, or that the judge misapplied the law. A panel of WCAB commissioners then reviews the record. Pasadena petitions are filed through EAMS at the Los Angeles or Pomona district office.
What happens if Independent Medical Review still upholds the denial?
IMR is meant to be the final word on medical necessity. Under §4610.6, you can challenge it only on narrow grounds, such as fraud, a real conflict of interest, or clear bias. That is why the first IMR appeal has to be built with care, using your doctor's reasoning and your imaging. If new facts later support a fresh treatment request, your doctor can submit it, and any new denial gets its own appeal.
How long does a workers' comp claim take to settle in California?
It varies. Most cases do not settle until your condition is stable, which doctors call maximum medical improvement. That can take months or longer after surgery or a serious injury. Disputes over treatment or apportionment add time, and an appeal can add months more. We push your case forward at every step so it does not stall. A free call gives you a realistic timeline for your situation.
What is the difference between a Stipulated Award and a Compromise and Release (lump sum)?
A Stipulated Award pays your permanent disability in weekly checks and usually keeps your future medical care open. A Compromise and Release pays one lump sum and closes the case, including future medical, for an agreed amount. Each fits a different situation. A lump sum gives you cash now but ends the insurer's duty to treat you. We walk you through which one protects you best.
How much of my settlement do I keep after the attorney fee?
Most of it. In California workers' comp, the judge sets the attorney fee, usually 12 to 15 percent of your award. So on a typical case you keep about 85 to 88 percent. The fee comes out only if we win, and the judge has to approve it. There is no hourly bill and nothing to pay up front. You always see the fee before anything is finalized.
Can my employer fire me for appealing my workers' comp claim?
No. Punishing you for filing or appealing a claim is illegal retaliation under California law. If your employer fires you, cuts your hours, or demotes you for it, you have a claim. You can win your job back, your lost pay, and a penalty of up to $10,000 added to your award. Tell us right away if anything changes at work after you report or appeal an injury.
Can I reopen my Pasadena case if my injury gets worse later?
Sometimes, yes. If your condition worsens after your case closed, you may still have options. The WCAB keeps the power to reopen a case for five years from the date of injury. You file a Petition to Reopen and show your disability is greater than what was awarded. This matters most after a back or spine injury, which can decline years later. We can review your old award and tell you if reopening is worth it.
Last reviewed by Eman Yazdchi, Esq., June 2026.
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