Have you lost an administrative law hearing relating to the workers’ compensation claim? If so, you still have a chance. You can file an appeal against the unfavorable result with the Workers’ Compensation Appeals Board (WCAB).
WCAB exercises judicial powers that are vested to it by the Labor Code. The main function of the appeal board is to review decisions of the Division of Workers’ Compensation (DWC).
Here we will explain the workers’ compensation appeal process in the state of California.
1. Adjudication of Claim Form
The first step to file a workers’ compensation appeal is to submit an Application for Adjudication of Claim form with the WCAB. You can file the application with the district office where the injury occurred or your own area. Once your application is received, the DWC will send you a notice that mentions your case number.
2. Declaration of Readiness to Proceed
After you have received the notice from the DWC, you should next file a document named Declaration of Readiness to Proceed. This application is also filed with the WCAB. After you have filed the declaration form, your case will be scheduled for a hearing.
3. Petition for Reconsideration
If you are still not happy with the decision made by the WCAB, you can file a Petition for Reconsideration. According to the California Labor Code Section 5903, the petition must be filed within 20 days from the date of the decision. But if the decision was mailed to you instead of being handed personally, you can file the petition within 25 days.
The board members comprising WCAB will review the case and either accept, reject, or change certain aspects of the decision. They may also schedule multiple hearings if required.
The appeal for can be made by both the parties. During the appeal process, the insurer is not required to pay the benefits for lost wages that are being reviewed. The contented amount will only be paid in case WCAB accepts the appeal of the worker. However, it must pay the agreed amount ordered by the DCW to the victim.
Why Hire a Licensed Workers’ Compensation Attorney in California?
You should hire a licensed workers’ compensation attorney to represent your case. An experienced attorney in California will make a full effort to get you the maximum possible compensation benefit. You don’t need to worry about the legal fee of the attorney as it is taken into account when determining the compensation award.
If you were denied benefits and want to appeal the decision, you can contact Albert E Hirst. We have a team of highly experienced and dedicated lawyers who have been offering services for more than thirty years. You can get in touch with us by dialing (909) 885-7190.