Guiding California Employers Through Workers’ Compensation Appeals
In California, workers’ compensation appeals must undergo proper procedure overseen by the Workers’ Compensation Appeals Board (WCAB). Rossi Law Group has helped myriad California business entities navigate the intricacies of the appellate process and provides exceptional defense for a wide array of employers and insurance organizations.
The Appellate Process In California
California allows both the allegedly liable party and the injured worker to appeal a workers’ compensation decision.
The process begins, for example, with the petition for reconsideration. The WCAB provides a limited window for initiating an appeal, so entities who disagree with the board’s judgment must move quickly to avoid losing eligibility. If the decision was mailed, you have 25 days from the date of the decree to file a petition. If you were present for the decision, you have 20 days from the date of the decree.
Filing a petition for reconsideration requires meticulous preparation. The petition must explain the full scope of issues to be reconsidered and include legal precedents that support your disagreement. After review, these petitions may be denied outright or accepted either fully or partially. A partial acceptance would entail an amendment to the original decision. Typically it can take 60 days for the WCAB to rule on the petition, but sometimes, cases take much longer to be decided.
If the WCAB’s decision on the petition for reconsideration does not satisfy your goals, you can file a writ of review with the state appellate court. The court will rule on whether or not the WCAB’s decision was justified based on the information they were provided. A writ of review must be filed within 45 days of the decision on the petition of reconsideration. The state appellate court can summarily deny the petition.
In the event that the state appellate court’s decision still does not satisfy your goals, California allows workers’ compensation decisions to be appealed at the state Supreme Court level, although these instances are rare.
Contact An Experienced Workers’ Compensation Defense Firm Today
Our firm comprises experienced California workers’ compensation attorneys with significant experience in the appellate process. Our attorneys’ knowledge and legal prowess have established Rossi Law Group as one of the state’s premier insurance defense firms.