Receiving a workers’ compensation denial may make you feel like you have no recourse, but that is not true because the system does allow for an appeal. It is important that you work quickly to appeal your case.
The State of California Department of Industrial Relations states that you should refer to the paperwork you receive with your denial, which should provide you with information about filing an appeal, including the deadline by which to do so.
You must file your appeal with the division office in the county in which you live or the county in which you suffered the injury. Use the Application for Adjudication of Claim form to file. You need to provide a copy of the form to the claims administrator as well.
After filing, you will wait for the confirmation notice, which will include your case number. Use the case number on all further communications about your case. Your appeal will go to an administrative law judge.
If you wish to go to a hearing where you meet with the judge, then you must file the Declaration of Readiness to Proceed form, which will allow the court to put you on the schedule. You may also have to go to a mandatory settlement conference where you and the claims administrator can negotiate a settlement.
If you cannot reach a settlement, you will both go before the judge to offer your case and evidence. You will have to submit documentation proving your claims. Do note that the judge for your hearing will be different than the original judge in your case.
You will receive a written decision from the judge in the mail after your hearing. If you disagree with this decision, then you can file a Petition for Reconsideration.