Workers’ Compensation Appeals Board usually are made up of 7-member as panel of Commissioners, and exercises its powers by using the labor code. The appointment of all these commissioners are done by the Governor for performing many duties that includes reviewing Petitions made by workers for Reconsideration regarding their compensation.
The 7 Commissioners in California workers compensation appeals board will serve an office term for 6 years and minimum 5 out of the 7 appointees should be attorneys having license in law in the California.
What is petition for reconsideration?
If an injured worker ever makes a claim through workers compensation insurance company, and the adjuster have few disputed issues that they cannot resolve, a formal hearing is set with Workers Compensation Judge.
There can be many examples of such disputed issues in workers compensation claim, that includes denial of claim by claims adjuster, certain disagreements on injured workers disability rate, permanent disability level, authorization for any medical treatment, and so on.
After reviewing evidence during a trial, also medical reporting and witness testimony, the Worker Compensation Judge will issue decision formally resolving issues in dispute. Any of the party has the right for appealing decision made by WCJ.
Appeal is made as Petition for Reconsideration which is filed with Commissioners at Worker’s Compensation Appeals Board.
Petition for reconsideration against the Decision made by WCJ
It will be best to consult an attorney, in case there are any disputed issues with adjuster for workers’ compensation claims, and surely before you take your case before WCJ. It is possible though to file appeal against decision of WCJ and also file Petition for Reconsideration by you.
The filings will be regulated by very tight time-frames and it is important to ensure that you have got all your documentation prepared on time. You may download Petition for Reconsidering the Decision online too. Petitions have to be filed with office of Appeals Board in California.
3-Member Panel Review
After proper forms are completed, a 3-member panel of the Commissioners will be formed to review Petition and decision of WCJ. Each Commissioner will review the case, make a decision, then the file will be passed to Appeals Board staff to execute the written order.
This panel can dismiss outright Petition for Reconsideration due to number of reasons. They may alternatively deny request by affirming decision of WCJ, or they also may deny it by rendering their own view about the case.
Panel may also grant request for reconsideration to return that case to WCJ for any further review.
To protect all your rights, the moment you are aware about the dispute with the claim adjuster, you must reach out to any workers’ compensation attorney. You must remember that insurance company also has attorneys who are fighting for them. So, why shouldn’t you?
In case, you have any question about your various rights under workers’ compensation, then you may call a legal firm. The attorneys who are experienced in this field will be in a position to help you to know more about your rights and how workers’ compensation lawyer will help them.