Workers' Compensation blog

SAN DIEGO | LOS ANGELES | RIVERSIDE

How do I appeal a workers’ compensation denial?

On behalf of Mitchell Law Corporation
September 29, 2020

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.

File your appeal

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.

Confirmation

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.

Hearing

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.

Related Posts

How to Find the Best Los Angeles Workers Compensation Lawyer
How to Claim SIBTF Benefits?

Don't Wait

You have only 30 days after
your injury to file your claim.

WE WANT TO HELP

Contact us

REQUEST YOUR FREE CONSULTATION NOW

  • Check all that apply.
  • Disclaimer

    Privacy Policy

  • This field is for validation purposes and should be left unchanged.

Mitchell Law Corporation
Stase Bar of California California Board of Legal SpecilizationMitchell Law CorporationABA Defending Liberty Pursuing JusticeThe State Bar of CaliforniaMitchell Law CorporationSDCBAConsumer Attorneys of San Diego Never Stand Alone
© 2024 Mitchell Law Corporation. All Rights Reserved.

Disclaimer

Site Map

Privacy Policy

Rizeup Media
Translate »
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram