Workers' Compensation Appeals
Workers’ Compensation Appeals
Denied or underpaid workers’ compensation in Van Nuys? Hussain & Gutierrez Law specializes in appeals to secure your rightful benefits, including medical care and disability payments. Our experienced attorneys guide you through California’s appeals process.
What Are Workers’ Compensation Appeals?
Workers’ compensation appeals are formal challenges to denied or underpaid claims. If the insurance company disputes whether your injury was work-related, underestimates your disability rating, or denies care, you have the right to appeal. These cases are heard by the Workers’ Compensation Appeals Board (WCAB), which has jurisdiction under California Labor Code §5900.
Common reasons for appeal:
- Denied medical care
- Disputed injury causation
- Low disability ratings
- Delayed or reduced benefit payments
Workers’ Compensation Benefits Available Through Appeals in California
You may still recover these benefits through a successful appeal:
Benefit Type | Description | Legal Reference |
Medical Care | Doctor visits, surgery, rehab, prescriptions | Labor Code §4600 |
Permanent Disability | Payments for lasting impairments (AMA Guides) | Title 8 §9785 |
Vocational Rehab | Job retraining if unable to return to old job | Labor Code §4658.1 |
Even if your initial claim was denied, these benefits can be awarded on appeal.
How Hussain & Gutierrez Law Helps with Workers’ Compensation Appeals
Our team understands how to win appeals. Judge Gutierrez, a former WCAB judge, offers insider perspective on how decisions are made. Fakhrudeen Hussain brings extensive litigation experience and personalized client advocacy. We speak Spanish, Sinhala, and Tamil, ensuring accessibility for Van Nuys’s diverse workforce.
We help you:
- File Petitions for Reconsideration
- Gather medical and legal evidence
- Handle disputes with insurance carriers
- Navigate the QME process
- Secure the full benefits you’re entitled to
Common Reasons for Workers’ Compensation Denials in Van Nuys
Claims may be denied for reasons like:
- Disputed Injury Causation: Injuries (e.g., warehouse accidents near Sepulveda Blvd) are claimed to be unrelated to work
- Late Reporting: Missed the 30-day reporting deadline (Labor Code §5405)
- Pre-Existing Conditions: Employer argues the injury wasn’t caused by your job
- Lack of Evidence: Medical reports are unclear or incomplete
- Employer Retaliation: Some employers discourage claims through pressure or misinformation
Appeals are your opportunity to correct these issues.
When your claim is denied, it's important to move quickly—but also carefully. Many workers unknowingly damage their chances of success during the appeal process. Here are common pitfalls to avoid:
- Missing the Deadline: You must file a Petition for Reconsideration within 25 days of receiving your decision (California Labor Code §5903).
- Inadequate Medical Evidence: Appeals often hinge on strong medical documentation. Relying only on the insurance company’s QME may not be enough.
- Failing to Dispute Incorrect Disability Ratings: Insurance carriers may assign low impairment ratings, reducing your benefits. These ratings can be challenged.
- Not Hiring an Experienced Attorney: Navigating WCAB procedures, legal briefs, and evidentiary hearings is difficult without experienced representation.
Not all claim denials are final. If your case involves any of the following, you may qualify to appeal:
- Denial of injury as non work-related
- Disagreement over your disability rating
- Lack of approval for needed surgeries or medical care
- Termination or retaliation after filing a claim
- Claims dismissed due to missed deadlines or technical errors
Even if your employer or insurance company disputes your injury, you may still have a strong case. Our attorneys analyze the reasons for denial and determine whether legal grounds for appeal exist. If so, we act quickly to preserve your rights and build a strong case on your behalf.
California law protects injured workers—even when claims are denied. Key statutes include:
- Labor Code §5900: Right to appeal denied decisions to the WCAB
- Labor Code §4600: Guarantees medical care for work injuries
- Labor Code §1171.5: Protects undocumented workers—your immigration status doesn’t affect your right to compensation
- Title 8, §10400: Describes appeal procedures and timelines
Why Choose Hussain & Gutierrez Law?
Hussain & Gutierrez Law provides legal representation for workers’ compensation appeals in Van Nuys. Led by a former WCAB judge, we know how to fight and win your appeal. We handle complex cases and serve all workers, including undocumented individuals.
Have a question? Ask our
workers’ comp appeals lawyers
File an appeal with the WCAB under Labor Code §5900. Our firm helps prepare and present your case to secure medical and wage benefits.
Late reporting, disputed causation, or incomplete documentation—especially for injuries in logistics centers or warehouses.
Yes. WCAB procedures are complex. A lawyer helps you file correctly, prepare for hearings, and challenge insurance doctors’ opinions.
You must file a Petition for Reconsideration within 25 days of the decision per Labor Code §5903.
