Bakersfield Workers’ Compensation Appeals Lawyer

An unfavorable workers’ compensation decision can threaten benefits you were counting on after a workplace injury. California law provides procedures for challenging certain decisions, but an appeal requires more than simply disagreeing with the result. You must identify a legally recognized basis for further review and comply with strict procedural requirements.

At LNN, our Bakersfield workers’ compensation appeals lawyer could examine the decision and the hearing record in your case. Our workers’ comp attorneys could determine whether a Petition for Reconsideration is appropriate and prepare arguments for review before the Workers’ Compensation Appeals Board (WCAB).

What Grounds Could Support WCAB Reconsideration?

After a workers’ compensation judge issues a final decision, you can ask the WCAB to reconsider that ruling. Reconsideration is not a new hearing simply because you believe the judge reached the wrong result. The petition must identify a legal or factual problem that qualifies as a valid ground for reconsideration.

Potential grounds include insufficient evidence to support the decision, findings that do not justify the order, or a legal error that materially affected your rights. In some cases, evidence you discover after the hearing and could not reasonably have presented earlier can also become relevant.

For your workers’ compensation case, our lawyers could review the judge’s findings and existing record to identify grounds for appellate review in Bakersfield. A strong petition must precisely explain the alleged error because repeating arguments from the original proceeding without connecting them to a valid ground may not be enough. At LNN, we could prepare a petition that focuses on the record and explain the basis for WCAB review.

Strict Filing Rules Could Affect Your Appeal

The state imposes a short deadline for filing a Petition for Reconsideration after a workers’ compensation judge issues a decision. How that deadline applies could depend on procedural details surrounding the decision and its service. Missing the applicable filing period may prevent the WCAB from considering arguments that might otherwise have supported your appeal.

For that reason, it is best to contact our lawyers promptly after receiving an unfavorable ruling rather than waiting until the deadline approaches. Our attorneys could confirm the applicable filing deadline and prepare the necessary papers when you pursue a workers’ compensation ruling through the appeals process in Bakersfield.

Your petition must also comply with WCAB procedural rules. Our lawyers could identify the specific findings you want to challenge and develop arguments that rely on the record. We could also monitor the matter as the WCAB evaluates whether to grant reconsideration, deny the petition, or take other action the law permits.

When Could a Workers’ Compensation Appeal Reach the Court of Appeal?

WCAB reconsideration is not always the final level of review. After the WCAB issues a final decision, you may have grounds to seek review through the California Court of Appeal. This stage differs from asking the WCAB to reconsider a workers’ compensation judge’s decision.

Court review generally focuses on whether the WCAB acted within its legal authority and whether the record supports its decision under the applicable standard of review. It does not provide an opportunity to restart the case or freely introduce evidence that was never part of the administrative record.

Our appellate lawyers could evaluate whether further review is available for your workers’ compensation case in Bakersfield after WCAB proceedings conclude. When court review is appropriate, our attorneys at LNN could prepare the necessary appellate filings and present arguments that closely follow the administrative record and governing state law.

Contact Our Bakersfield Attorneys for Help With Your Workers’ Compensation Appeal

An unfavorable decision does not always end your workers’ compensation case, but missing procedural requirements can quickly eliminate appellate rights. Our lawyers could evaluate the ruling, identify potential grounds for reconsideration, and pursue available review before the WCAB or, when appropriate, the Court of Appeal.

Contact our Bakersfield workers’ compensation appeals lawyer at LNN today to discuss your options for challenging a ruling.