You may be perplexed by the procedure if you’re involved in a California workers’ compensation case. This is especially true if a part of your claim is being contested. What would happen if your case went to trial and you weren’t satisfied with the verdict? The California Workers’ Compensation Appeals Board steps in to decide the matter in this situation.
Who is on the appeals board?
To handle appeals of workers’ compensation cases, the governor appoints seven members to the Workers’ Compensation Appeals Board. The Board is also in charge of establishing guidelines for handling workers’ compensation cases.
Situations in which the matter could go to trial
The matter could go to trial if you or your employer disagree with your workers’ compensation claim. Either party may submit a Petition for Reconsideration to the Board following the workers’ compensation judge’s ruling. The judge will then have the choice to provide a report and advice for the Board to take into account.
Reviewing an appeal petition
Three members of the Appeals Board will be given the petition and within three days of reviewing the case, the first Board member will reach a conclusion. After reviewing the matter, the second member has two days to decide. The third person will assess the case last. The staff will be given the case to write a formal ruling if two or more members agree on how it should be handled.
In the absence of a consensus, the panelists will consult or the case will be recirculated. A petition must be addressed by the Board within 60 days of filing. Otherwise, the petition might automatically be rejected by the law.
Typically, a California workers’ compensation attorney will submit a Petition for Reconsideration. The trial judge’s ruling must be appealed within 20 days, at the earliest. The Board occasionally has the authority to review matters devoid of a motion from either party; this must be done within 60 days of the decision.
A California workers’ compensation attorney may submit a petition for removal to the Appeals Board if a workers’ compensation judge has issued a non-final order that could result in significant prejudice or irreparable loss. This typically occurs when a party contests a procedural decision, such as one regarding the admissibility of evidence.
Other duties tasked to the Appeals Board
The Appeals Board also performs other duties, such as rendering “en banc” decisions (or as a whole). When a case has distinct issues or when a standardized decision is required, this is done. The Appeals Board may be consulted in cases that involve ongoing or novel difficulties. The Appeals Board also deals with disciplinary issues for parties who appear before it.
In California workers’ compensation disputes, the appeals procedure can be challenging. A knowledgeable California workers’ compensation attorney can guide you through the procedure and make sure your rights are upheld. Workers in all of California are represented by the law firm PLBSH during the workers’ compensation process. Call (800) 435-7542 or send an email to to arrange a meeting with one of our lawyers.