The Workers' Compensation Appeals Board (WCAB) exercises judicial powers for the workers' compensation community. It reviews petitions for reconsideration of decisions (appeals) made by workers' comp administrative law judges.
WCAB hearings provide a means for appeals cases to be heard and resolved. These hearings require legal preparation similar to any regular lawsuit. If you have a workers' compensation claim filed against you as an employer, you need to be sure you have experienced counsel to protect your business interests.
At Gray & Prouty, we represent employers who have workers' compensation claims filed against them and are now facing WCAB appeal proceedings. Contact our office to set up an appointment. We can be reached via email or by calling 805-786-4050. We represent clients throughout California.
The Process In A WCAB Hearing
The process for holding a WCAB hearing begins when an employee files a petition for reconsideration after receiving what he or she believes was an unjust ruling. The employee has 20 days from the date of the initial decision to file the petition.
The appeals board has 60 days to accept or reject the petition. The WCAB may provide a new decision based on information presented in the petition or may schedule a hearing to hear new evidence.
During this hearing, a workers' compensation administrative law judge will hear testimony and arguments regarding the nature of the employee's injury, the degree to which the employee may be temporarily or permanently disabled, and how the employee has suffered financially as a result. Many details about a case may already be agreed upon prior to the hearing. For example, both sides may already agree that an employee was in fact injured at work. The hearing is then taking place to appeal decisions about the extent of the employee's injury and damages that may be recovered through compensation.
Typically, medical testimony is given via medical reports rather than through doctors at the hearing. Other witnesses may be called to testify at the WCAB hearing, but they will be discussed prior to the hearing by you and your attorney.
Your WCAB hearing requires substantial legal preparation. Do not try to handle this on your own. Make sure you have an experienced lawyer to work with you and represent your interests throughout the process.