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Phone 714-464-6903
Toll Free 866-543-7598

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How do I appeal an adverse worker's compensation decision?

Although workers' compensation is intended to assist you when you are injured on the job or become ill due to a work-related cause, not every workers' compensation benefits claim goes smoothly. Sometimes your employer or its workers' compensation insurer will deny your claim. Such a denial is not the end of your claim process, but you must understand how to work your claim through the appeals process to keep it alive.

An initial denial of your claim is subject to a hearing at your local Workers' Compensation Appeals Board. But what happens if your hearing does not go in your favor, either? You still have recourse to further appeals.

The next step after your local Workers' Compensation Appeals Board is to file a petition for reconsideration, which is heard en banc by the seven-member Workers' Compensation Appeals Board in San Francisco.

And if the San Francisco Workers' Compensation Appeals Board does not find in your favor, are you finished? Not quite yet. You still have the option of taking your case out of the Workers' Compensation Appeals Board by filing a writ of review with the California Court of Appeals in your appellate district, which can determine if the opinion of the Workers' Compensation Appeals Board was reasonable.

At this stage, though, your options start to become more limited. The appeals court cannot hear any new facts in your claim, and unless you can make a compelling case that the Workers' Compensation Appeals Board made a serious error, persuading the court to take action on your behalf may be difficult.

If you cannot receive satisfaction from the appeals court, you have one final possibility left: you can petition the California Supreme Court to review your case. At this point, though, you may want to consider the matter carefully with your workers' compensation attorney, because not only does the supreme court have discretion whether to hear your case, but cost considerations in taking an appeal this far may also become a factor in your decision.

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Law Offices of William W. Green & Associates
505 S. Villa Real
Anaheim, CA 92807

Phone: 714-464-6903
Toll Free: 866-543-7598
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