You may be perplexed by the procedure if you are involved in a California workers’ compensation lawsuit. This is especially true if a portion of your claim is being contested. What if your case gets to trial and the conclusion isn’t to your liking? In order to decide the issue, the California Workers’ Compensation Appeals Board is called in.
If you are in need of information about how this appeals board works, keep reading. Remember you can call an employment law attorney by reaching out to PLBH at (800) 435-7542 for a consultation.
The makeup of the Workers’ Compensation Appeals Board
The governor appoints seven members to the Workers’ Compensation Appeals Board, which hears appeals of workers’ compensation claims. The Board is also in charge of establishing norms of practice and procedure in workers’ compensation claims.
How your claim gets to the appeals board
Your workers’ compensation claim may proceed to trial if you or your employer have a disagreement. Following the ruling of the workers’ compensation judge, any party may submit a Petition for Reconsideration with the Board. After that, the judge might write a report and suggestion for the Board to consider.
What happens while the Board considers the appeal
The petition will be allocated to three Appeals Board members. Within three days, the first member of the Board will analyze the case and make a decision. The matter is then reviewed by the second member, who has two days to issue a judgement. Finally, the matter will be reviewed by the third member.
If two or more members agree on how the matter should be handled, the case will be sent to the staff, who will write a ruling. Otherwise, the panelists will discuss or the matter will be recirculated until a decision is reached. A petition must be decided on by the Board within 60 days of its submission. Otherwise, by operation of law, the petition may be refused.
How an attorney can help
A California workers’ compensation lawyer usually files a Petition for Reconsideration. This petition must be submitted within 20 days after the trial judge’s ruling. In rare situations, the Board can revisit matters without the need for either party to file a motion; this must be done within 60 days following the judgment.
A California workers’ compensation lawyer can file a Petition for Removal with the Appeals Board if a non-final order from a workers’ compensation judge has been made that may cause substantial prejudice or irreparable injury. When a side disputes with a procedural finding, such as the admission of evidence, this occurs.
Other duties of the Appeals Board include issuing “en banc” decisions (or as a whole). When a case has unique concerns or a uniform decision is required, this is done. Cases with new or persistent problems may be sent to the Appeals Board for review. The Appeals Board also deals with disciplinary issues for those who appear before it.
In California workers’ compensation disputes, the appeals procedure can be difficult. An expert California workers’ compensation lawyer can guide you through the procedure and safeguard your rights. PLBH is a law company that represents employees in the workers’ compensation procedure throughout California. To book a consultation with one of our attorneys, call (800) 435-7542.