Appealing Your Rejected Worker’s Compensation Claim
At Law Office of Howard J. Stevens, APC, we strive to secure compensation for you as soon as possible. However, employers and their insurance companies might choose to dispute the validity of your claim.
We know that this can complicate an already stressful situation, but our dedicated attorney is ready to help you get a second chance. Through petitioning for reconsideration from a third party, we may be able to obtain the benefits you deserve after a workplace injury.
Who Will Decide The Success Of Your Appeal?
The Workers’ Compensation Appeals Board (the WCAB) was created as an administrative body to determine disputes arising out of contested issues stemming from industrial injury claims. In Southern California, there are multiple offices of the WCAB, including San Diego, Santa Ana, Anaheim and Long Beach, just to name a few.
Each office contains a presiding judge, multiple administrative law judges, an information and assistance office, a permanent disability rater, and a support staff to assist in the processing of cases that come before the board.
What To Expect When Facing A Worker’s Compensation Dispute
Your workers’ compensation claim begins when you send a claim form to your employer, who then must promptly notify its insurance carrier. The WCAB becomes able to resolve disputes with the filing of an application for adjudication of claim with the WCAB. Once filed, the WCAB has the power to resolve the conflict and award benefits for as long as necessary to get all issues resolved.
In essence, the WCAB is a court of limited jurisdiction, with a goal to make sure that injured workers are provided appropriate benefits. The WCAB schedules settlement conferences and, when necessary, trials. It retains the power to subpoena records, to compel witnesses to come before it, to order medical treatment and disability payments, and to issue such other orders as may be necessary to reach a just disposition in a case. As your attorney, Howard J. Stevens can represent your interests throughout this process.
However, the WCAB does not get involved in a claim, even after an application is filed, unless a dispute is properly brought before it, or if an injured employee wishes to informally resolve a claim by some form of settlement. Settlements must be approved by a WCAB judge, even when both parties are represented by counsel.
While you are not required to be represented by an attorney to go before the WCAB, the board does have specific procedural rules, and the process of prosecuting a claim is fraught with technical pitfalls that may well confound even attorneys who do not specialize in this area of the law. We strongly recommend that you consult an attorney who is specialized in this legal field to maximize your chances of reaching your desired outcome.
We Are Experienced With These Complex Cases
As a certified workers’ compensation specialist, our founding attorney can form a strategy for your workers’ compensation claim. If your employer initially rejects your claim, you still have reason for hope.
Call Law Office of Howard J. Stevens, APC, at 619-880-4501 to schedule a free initial consultation. Alternatively, you may share your story with our compassionate attorney through this website. Our objective is to help you receive just results for your pain and suffering.