What is the process for appealing a denied workers’ comp claim in California?
In California, if your workers' compensation claim is rejected, you may appeal the decision through a formal legal process. The initial step is filing an Application for Adjudication of Claim with the Division of Workers' Compensation (DWC). This formally notifies the DWC and the insurance firm that you're contesting the denial. Your case is assigned a case number and heard at a regional Workers' Compensation Appeals ... moreWhat is the process for appealing a denied workers’ comp claim in California?
In California, if your workers' compensation claim is rejected, you may appeal the decision through a formal legal process. The initial step is filing an Application for Adjudication of Claim with the Division of Workers' Compensation (DWC). This formally notifies the DWC and the insurance firm that you're contesting the denial. Your case is assigned a case number and heard at a regional Workers' Compensation Appeals Board (WCAB) office after it's filed.
Then, you have to file a Declaration of Readiness to Proceed to petition for a hearing, which is a mandatory settlement conference (MSC). At the MSC, each side can settle. If it doesn't get settled, then the case advances to a trial before a judge of workers' compensation.
You'll have to provide proof like medical records, work records, and witness statements. The judge will render a written order, usually 30–90 days later. You may file a Petition for Reconsideration if you don't agree with the decision.
Having a skilled workers' comp lawyer throughout this process is strongly suggested. They will assist in establishing a solid case, staying on schedule, and providing a greater chance of a positive result for your appeal.