“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 decision goes against you, the stakes are high — you may be losing medical treatment you depend on, disability payments you need to survive, or a fair settlement you have earned. The California workers' compensation system provides specific appeal mechanisms to challenge unfavorable decisions, but the deadlines are strict and the procedures are technical. If you need to appeal a workers' comp ruling in Simi Valley, Yazdchi Law P.C. has the experience and legal knowledge to pursue your appeal at the Oxnard WCAB and beyond.
Appeals in workers' compensation take several forms depending on what you are challenging. If a workers' compensation judge at the Oxnard WCAB issues a decision you disagree with — called a Findings and Award or an Order — you have the right to file a Petition for Reconsideration with the Workers' Compensation Appeals Board commissioners in San Francisco. This petition must be filed within 20 days of the date the decision was served, and it must present specific legal grounds, such as the judge's decision being unsupported by substantial evidence, based on an error of law, or involving new evidence that could not have been discovered with reasonable diligence before the trial. Missing the 20-day deadline is fatal to your appeal, which is why having an experienced attorney is critical.
Beyond reconsideration, there are other types of challenges within the workers' comp system. If the insurance company's utilization review process denies a requested medical treatment, you can challenge that through Independent Medical Review, which is a separate administrative process handled through the Division of Workers' Compensation. If a Qualified Medical Evaluator issues an unfavorable report, we do not simply accept it — we can challenge the report through cross-examination, rebuttal evidence, or by requesting a new panel. Each of these mechanisms has its own rules and deadlines, and mishandling any one of them can permanently damage your case.
We also handle situations where a prior attorney's handling of your case resulted in an inadequate outcome. If you settled your claim but later believe the settlement was based on fraud, mistake, or coercion, you may be able to petition to set aside the settlement under Labor Code section 5803 or 5804. These petitions have specific requirements and are not easy to win, but they exist for situations where justice demands a second look.
Appellate work in workers' compensation demands a different skill set than initial claims handling. It requires the ability to identify legal errors in a written record, craft persuasive legal arguments on paper, and understand the standards that appellate panels apply when reviewing trial-level decisions. Attorney Eman Yazdchi is a Board-Certified Specialist in Workers' Compensation Law with the analytical and writing skills that effective appellate practice demands.
We know the Oxnard WCAB — its judges, its procedures, and the types of evidentiary issues that commonly arise in Ventura County cases involving Simi Valley workers. When we evaluate your appeal, we give you an honest assessment of your chances. Not every decision can be overturned, and we will tell you directly if the facts and law do not support an appeal. But when we take your case, we pursue it with the full force of our expertise.
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Tap to call →When you retain our firm for an appeal, we begin by obtaining and reviewing the complete trial record from the Oxnard WCAB — including the transcript, exhibits, medical reports, and the judge's written decision. We identify the specific legal and factual errors that form the basis of your appeal and draft a Petition for Reconsideration that meets the strict standards of the WCAB commissioners.
The reconsideration process is decided on the written record — there is no new hearing or trial. This means the quality of the written petition and the supporting legal arguments is everything. We cite relevant case law, point to specific evidence in the record, and make a clear, compelling case for reversal or modification. If reconsideration is denied, further appeal is possible through a Petition for Writ of Review to the California Court of Appeal, which we can also handle. Throughout the process, we keep you informed and ensure no deadline is missed. Our contingency fee applies — you pay nothing unless we succeed.
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