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Rachael Hall
✦ 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' comp decision goes against you, whether it is a claim denial by the insurance carrier, an unfavorable medical evaluation, or a Findings and Award from a workers' comp judge that undervalues your injury, you have the right to appeal. For Santa Clarita workers in the entertainment industry, healthcare, manufacturing, and other SCV industries, the appeals process is where cases are corrected and benefits are recovered. The Van Nuys WCAB handles workers' comp cases for the Santa Clarita Valley, and navigating its appellate procedures requires an attorney with deep knowledge of workers' compensation law and litigation strategy.
The term "appeal" in workers' compensation covers several distinct procedures depending on what decision you are challenging. If the insurance carrier denied your claim, the first step is not technically an appeal but rather filing an Application for Adjudication of Claim at the WCAB, which initiates a formal legal proceeding to determine your entitlement to benefits.
If a workers' comp judge at the Van Nuys WCAB has issued a Findings and Award or other order that you believe is incorrect, you can file a Petition for Reconsideration with the Workers' Compensation Appeals Board within 20 days under Labor Code Section 5903. This petition asks the WCAB commissioners to review the judge's decision for legal error, factual mistakes, or newly discovered evidence. The 20-day deadline is strict. Missing it forfeits your right to challenge the decision.
If the WCAB denies your Petition for Reconsideration or issues a decision you disagree with, you can seek further review by filing a Writ of Review with the California Court of Appeal under Labor Code Section 5950. This must be filed within 45 days. Writ proceedings are limited to questions of law and are granted only when there is a genuine legal error in the WCAB's decision. Very few cases reach this stage, but for Santa Clarita workers with high-value claims involving serious injuries, the option exists.
A separate category of appeal involves Utilization Review and Independent Medical Review. When an insurer denies a treatment request through Utilization Review under Labor Code Section 4610, the injured worker can request Independent Medical Review (IMR) under Labor Code Section 4610.5. If IMR upholds the denial, your attorney can challenge it through the WCAB, though the grounds for overturning an IMR decision are narrow.
Entertainment workers in Santa Clarita have strong reasons to pursue appeals when initial decisions are unfavorable. A grip who suffers a shoulder injury on a Valencia soundstage might receive a QME report that underrates the impairment by failing to account for the specific physical demands of grip work. A stunt performer whose claim is denied based on an argument that the injury was an assumed risk has grounds to challenge that denial since workers' comp covers all work injuries regardless of risk assumption. A set construction worker whose spinal surgery is denied through Utilization Review should pursue IMR and, if necessary, a WCAB challenge.
Healthcare workers at Henry Mayo Newhall Hospital frequently face unfavorable apportionment decisions in which the QME attributes most of a back injury to age-related degeneration rather than patient-handling activities. These apportionment opinions can be challenged through a Petition for Reconsideration if the judge relied on them without adequate scrutiny, or through a new medical evaluation if the original evaluation was procedurally deficient.
Six Flags workers denied benefits for heat-related illness, repetitive stress injuries, or injuries that occurred during seasonal employment all have potential grounds for appeal. The key is identifying the specific legal or factual error in the adverse decision and presenting a focused argument to the reviewing body.
Yazdchi Law approaches appeals with the rigor of appellate litigation. Attorney Eman Yazdchi reviews the entire case file, identifies the errors in the adverse decision, and prepares a petition that addresses the specific legal standards the reviewing body applies.
For Petitions for Reconsideration, the firm identifies whether the workers' comp judge committed legal error by misapplying the Labor Code, relied on medical evidence that does not meet the substantial medical evidence standard, or failed to consider relevant evidence in the record. The petition must demonstrate that the error affected the outcome. Yazdchi Law drafts these petitions with the precision that the WCAB commissioners require.
For treatment denials, the firm pursues IMR appeals aggressively and, when IMR upholds a denial, evaluates whether grounds exist to challenge the IMR decision at the WCAB. The firm also uses the appeals process strategically, sometimes an appeal is the most effective way to put pressure on an insurance carrier to settle a case favorably.
The firm's Palmdale office serves Santa Clarita workers across all SCV communities, connected by a direct route down the 14 Freeway.
Injured at work in Santa Clarita? Call (661) 273-1780
Tap to call →Workers' comp appeals are technical proceedings with strict deadlines and narrow legal standards. Attorney Eman Yazdchi is a Board-Certified Workers' Compensation Specialist, one of fewer than 1% of California attorneys with this credential. Board Certification reflects the depth of knowledge required to handle the most complex aspects of workers' compensation law, including appellate practice at the WCAB. For Santa Clarita workers whose claims have been denied or undervalued, a Board-Certified specialist provides the strongest possible representation on appeal.
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