“A fighting force both consistent and compassionate on a scale’s a 5 all around.”
Rachael Hall
✦ 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
A denied workers' comp claim feels like the system has failed you. You were hurt on the job, you reported it, you filed the paperwork — and the insurance company said no. But a denial is not a verdict. It is a business decision by an insurance company looking to avoid paying a claim, and in California, you have the legal right to challenge it. The Workers' Compensation Appeals Board exists precisely for this purpose, and in Van Nuys, that board sits in your own community. Yazdchi Law P.C. fights denied claims at the Van Nuys WCAB District Office regularly, and we know how to turn a denial into an award.
Denials come in many forms, but the underlying motivation is always the same: the insurance company wants to pay as little as possible. Here are the denial grounds we see most frequently in Van Nuys cases.
The most common denial. The insurer sends you to their doctor, who concludes your condition is due to aging, a pre-existing problem, or activities outside of work. This is especially prevalent in Van Nuys cases involving auto mechanics on Van Nuys Boulevard — insurers argue that the mechanic's shoulder or back problem comes from weekend hobbies rather than years of physically demanding shop work. It is also common with government office workers whose cumulative trauma from typing is attributed to personal computer use at home. Overturning these denials requires independent medical evidence from a qualified evaluator who conducts a thorough examination and reviews your complete job history.
LC section 5400 requires you to report a specific injury within 30 days. If the insurer claims you missed this deadline, they may deny the claim. But California law provides several exceptions: the employer had actual knowledge of the injury, the delay was caused by the employer's failure to provide the DWC-1 form, or the late reporting did not prejudice the insurer. Many Van Nuys workers, particularly in small auto shops and restaurants where record-keeping is informal, report injuries verbally but do not create written documentation. When the employer later claims no report was made, a lawyer can develop evidence showing the employer knew about the injury.
Insurers love this one. You have an old MRI showing some disc degeneration, or a prior medical record mentioning knee pain, and the insurer uses it to deny the entire claim. But California law does not require you to be in perfect health before you were hired. Under the legal doctrine of apportionment, if work aggravated or accelerated a pre-existing condition, the resulting disability is at least partially compensable. Complete denial based on a pre-existing condition is almost always an overreach that can be challenged successfully.
This denial hits workers in Van Nuys's gig economy, small auto shops that pay workers in cash, and construction sites where laborers are hired day-to-day without formal documentation. The insurer or uninsured employer claims the worker was an independent contractor, not an employee, and therefore not covered by workers' comp. California's ABC test under LC section 2775 presumes workers are employees unless the hiring entity proves otherwise. Many of these denials crumble under legal scrutiny.
Some denials target specific body parts or conditions. The insurer accepts that you were injured at work but denies that a particular body part is involved, or denies that your psychological condition (anxiety, depression, PTSD) is connected to the industrial injury. Body-part disputes require medical evidence. Psychiatric injury claims under LC section 3208.3 require showing the employment contributed at least 51 percent to the psychiatric condition — or only 35 percent if the injury resulted from a sudden and extraordinary employment condition.
When your claim is denied, the fight moves to the Van Nuys WCAB. Here is how it works:
File an Application for Adjudication — If not already filed, your attorney files this document to establish your case with the WCAB.
Request a hearing — Through a Declaration of Readiness to Proceed, your attorney requests that the case be set for a hearing before an Administrative Law Judge at the Van Nuys office.
Medical development — Your attorney arranges for a Qualified Medical Evaluator or Agreed Medical Evaluator to examine you and issue an independent opinion on the disputed issues. This medical report is typically the most important piece of evidence in overturning a denial.
Discovery — Your lawyer obtains medical records, employment records, witness statements, and any other evidence relevant to the disputed issues.
Trial — If the case cannot be resolved at the Mandatory Settlement Conference, it proceeds to trial before the WCAB judge. Both sides present evidence and argument, and the judge issues a written decision.
Attorney Eman Yazdchi is a California Board Certified Specialist in Workers' Compensation Law. Denied claims are the area where board certification matters most, because overturning a denial requires deep legal knowledge, medical evidence expertise, and the litigation skills to prevail at trial. This is not a matter of filling out forms — it is contested legal advocacy.
The advantage of fighting your denial at the Van Nuys WCAB with Yazdchi Law is concrete. We appear at this courthouse constantly. We know which judges are most receptive to particular types of evidence. We know which defense firms represent which insurers at this office. And we know the medical evaluators commonly appointed in Van Nuys cases. This knowledge shapes our strategy from the moment we take on a denied claim.
Injured at work in Van Nuys? Call (661) 273-1780
Tap to call →If your Van Nuys workers' comp claim has been denied, do not accept it. Contact Yazdchi Law P.C. for a free consultation. We will review the denial letter, identify its legal weaknesses, and explain your options for challenging it at the Van Nuys WCAB. A board-certified specialist knows how to dismantle the arguments insurers use to avoid paying legitimate claims. Call today — the sooner you act, the sooner we can begin building the case to overturn your denial.
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