Workers hurt on the job often face the possibility of missing work due to their injuries. When workers' compensation claims for those injuries are denied, the lengthy appeals process can be difficult to manage for workers and their families who need time to recover.
If you are a worker in need of representation at your Workers' Compensation Appeals Board hearing, our experienced attorney can help.
Don't Let Claim Denial Stop You
The Law Offices of Bo Katzakian, in San Jose, represents clients in all phases and in all matters related to the workers' compensation process in California. Whether you have just been injured or have endured multiple denials of your claim, we can help you fight back and get the benefits you need to recover and get back to work.
From our Santa Clara County offices, workers' compensation appeals lawyer Bo Katzakian fights insurance companies on behalf of his clients, workers just like you. For more information on how we can help you in your injury struggle, call 866-658-7110 or contact us online.
Filing An Appeal Of A Denied Workers' Comp Claim
After receiving a final denial of claim in front of a workers' compensation judge (WCJ), the first step in an appeal is to file a motion for reconsideration. Once filed, the California Workers' Compensation Appeals Board will respond with a decision. According to the California Department of Industrial Relations, possible outcomes include:
- Deny the petition: The WCAB will either adopt the report and recommendation of the workers' compensation judge, or issue an opinion of its own on why it should be denied.
- Grant reconsideration and a decision: After reconsideration based on the WCJ's findings, the court gives a decision. The decision may be an order that returns the case to a WCJ for further proceedings and decision.
- Grant reconsideration for further proceedings: The further proceedings may consist of a rehearing to take additional evidence, a new medical examination, obtaining a recommended permanent disability rating, "further study" or a reassignment of the case to the full WCAB for reconsideration.
- Dismiss the petition: A dismissal is not a final order, and may be issued because making a decision would be untimely or there is some other miscellaneous reason it should not be made.
How Long Will The Workers' Comp Appeal Process Take?
Just like your initial workers' compensation claim, the appeals process will not happen overnight. There is no specific timeline for claim resolution, but certain factors will influence the process. For example, more medical evaluations may need to be conducted in order to provide adequate evidence of the need for appeal. Also, hearings with the workers' compensation judge may be scheduled months out from your initial appeal.
Be patient through this process. While the delays can be frustrating, rushing the process with insufficient information may only leave you with a smaller compensation package. You can be sure that any delays in the appeal process will not be due to your lawyer if you retain attorney Katzakian. We are efficient and highly responsive to help you get what you need as quickly as possible.
A South Bay Attorney Fighting For Injured Workers
The appeals process for workers' compensation matters is complex and difficult with all the red tape involved. Attorney Katzakian has worked in the field for years and knows how to get these cases heard efficiently. In addition to his specific experience in work injury law, he is also an accomplished litigator and licensed mediator. He is equally at home in the courtroom or at the negotiating table. He will fight to get you the compensation you need so you can recover from your injuries.
Contact Our Workers' Compensation Appeals Board Attorney Today
For more information on how the Law Offices of Bo Katzakian can assist you in getting benefits for your work injury, call 866-658-7110 or contact us online for a free initial consultation. We will fight for the compensation you deserve.