“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
When a workers' compensation judge at the Pomona WCAB District Office issues a decision that shortchanges your benefits, you have the right to appeal. The formal mechanism is called a Petition for Reconsideration, and it must be filed within 20 days of the judge's Findings and Award. That deadline is strict, and missing it means accepting a decision that may have undervalued your permanent disability, improperly apportioned your injury to non-industrial causes, or denied medical treatment you desperately need. If you believe the Pomona WCAB judge got it wrong, you need an appeal attorney who can identify the legal errors and challenge the decision before the Workers' Compensation Appeals Board commissioners in San Francisco.
The appeals process in California workers' compensation is not a second trial. The WCAB commissioners review the existing record — the medical reports, deposition transcripts, hearing testimony, and exhibits that were presented at trial — and determine whether the judge's decision is supported by substantial evidence. They also review whether the judge applied the correct legal standards. An effective Petition for Reconsideration must pinpoint specific errors: the judge relied on a medical opinion that lacked substantial evidence, misinterpreted the rating instructions, failed to account for a scheduled body part under the PDRS, or made a procedural ruling that prejudiced your case. Generic complaints that the outcome was unfair will be denied.
For Pomona workers in manufacturing, warehousing, and food processing, appeals often arise from disputes over the permanent disability rating. The judge may have accepted the insurer's medical expert's opinion that apportioned a significant percentage of your disability to non-industrial factors, reducing your permanent disability award substantially. Or the judge may have underrated a body part by applying the wrong occupation group or failing to adjust for the diminished future earning capacity factors. These are technical errors that require an attorney who understands the rating system, the AMA Guides to the Evaluation of Permanent Impairment, and the Permanent Disability Rating Schedule at a granular level.
Our lead attorney, Eman Yazdchi, is a Board-Certified Specialist in Workers' Compensation Law. He handles appeals for Pomona workers whose cases were decided at the local WCAB and for workers from other boards who need experienced appellate advocacy. He understands what the commissioners look for in a Petition for Reconsideration and how to frame the issues in a way that compels review.
The appeals process requires a different skill set than trial practice. Writing a persuasive Petition for Reconsideration demands the ability to analyze a complex medical-legal record, identify errors of law and fact, and present them in a concise legal brief that the WCAB commissioners will take seriously. Because the commissioners receive hundreds of petitions, the ones that succeed are the ones that clearly and precisely identify the error and explain why it matters.
We also evaluate whether additional development of the record is warranted. In some cases, the Pomona WCAB judge may have excluded evidence improperly or denied a continuance that prevented you from obtaining a critical medical report. These procedural errors can form the basis of a successful appeal and may result in the case being sent back for further proceedings. Our analysis is thorough — we review every aspect of the trial record before deciding on the strongest grounds for appeal.
Injured at work in Pomona? Call (661) 273-1780
Tap to call →The appeal begins with a comprehensive review of the trial record from the Pomona WCAB, including all medical reports, deposition transcripts, and the judge's written decision. We identify the specific grounds for the Petition for Reconsideration and draft a detailed legal brief within the 20-day filing deadline. The insurer will have an opportunity to file an Answer, and the Pomona WCAB judge may issue a Report on the Petition. The file is then elevated to the WCAB commissioners in San Francisco for review. The commissioners may grant the petition and issue a new decision, deny it, or return the case to the Pomona judge for further proceedings. If the commissioners deny the petition, further review may be available through the California Court of Appeal via a writ of review. We explain each stage clearly and keep you informed throughout the process. As with all our cases, you pay no fees unless we achieve a favorable outcome.
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