Workers’ Comp Petition for Reconsideration

What is a Petition for Reconsideration in California Workers Comp Cases?

A Petition for Reconsideration represents one of the most important legal tools available to injured workers who disagree with decisions made by workers compensation judges in California. This formal appeal process allows parties to challenge final orders, decisions, or awards that they believe are unjust, unlawful, or not supported by the evidence presented during trial. Understanding when and how to file a Petition for Reconsideration can be crucial for protecting your workers compensation benefits and ensuring you receive the medical care and compensation you deserve.

The California workers compensation system recognizes that judges can make errors, overlook important evidence, or reach conclusions that are not supported by the facts of a case. The Petition for Reconsideration process provides a mechanism for correcting these errors through review by the Workers Compensation Appeals Board (WCAB). However, this process involves strict deadlines, specific legal requirements, and complex procedural rules that make experienced legal representation essential for success.

The experienced California workers comp attorneys at Cantrell Green understand the intricate requirements for filing successful Petitions for Reconsideration and can help injured workers determine when this appeal process is appropriate for their specific circumstances. Without proper legal guidance, workers may miss critical deadlines or fail to include essential information that could result in denial of their petition and loss of important rights.

Legal Grounds for Workers Comp Petition for Reconsideration

California Labor Code Section 5902 establishes five specific grounds upon which a Petition for Reconsideration can be based, and petitioners must demonstrate that at least one of these grounds applies to their case. The first ground allows challenges when the appeals board or workers compensation judge acted without or in excess of their legal powers, which can occur when judges make decisions outside their jurisdiction or apply incorrect legal standards to the case.

The second ground addresses situations where the order, decision, or award was obtained through fraud, which can involve false testimony, concealed evidence, or other deceptive practices that influenced the outcome of the case. Proving fraud requires clear and convincing evidence that the fraudulent conduct materially affected the judge’s decision, making this ground particularly challenging to establish without experienced legal representation.

The third and fifth grounds focus on the relationship between evidence and findings, allowing challenges when the evidence does not justify the findings of fact or when the findings of fact do not support the final order, decision, or award. These grounds require careful analysis of the entire trial record to identify inconsistencies between the evidence presented and the conclusions reached by the workers compensation judge.

New Evidence and Workers Comp Attorneys’ Strategies

The fourth ground for Petition for Reconsideration allows challenges based on newly discovered evidence that is material to the case and could not have been discovered and produced at the original hearing with reasonable diligence. This ground provides an opportunity for workers comp attorneys to present important evidence that was not available during the initial trial, potentially changing the outcome of the case.

New evidence must meet strict legal standards to justify reconsideration, including requirements that the evidence be material to the issues in the case, that it was not available at the time of the original hearing despite reasonable efforts to obtain it, and that it would likely change the outcome if considered. Medical records, expert opinions, or witness testimony that was not available during the original proceedings may qualify as new evidence under appropriate circumstances.

The experienced California workers comp attorneys at Cantrell Green carefully evaluate potential new evidence to determine whether it meets the legal standards required for reconsideration and can help injured workers understand whether newly discovered information provides grounds for challenging an unfavorable decision through the Petition for Reconsideration process.

Time Limits for Workers Comp Petition for Reconsideration

California Labor Code Section 5903 establishes strict time limits for filing Petitions for Reconsideration, with the basic deadline being 20 days after service of the final order, decision, or award. However, California Code of Regulations Section 10605 extends this deadline to 25 days when service is made by mail to addresses within California, which applies to most workers compensation cases.

The time limits for filing Petitions for Reconsideration are jurisdictional, meaning that late filings will be rejected regardless of the merits of the case or the reasons for the delay. Recent appellate court decisions have emphasized the importance of strict compliance with these deadlines, making it essential for injured workers to act quickly when they disagree with workers compensation decisions.

Workers comp attorneys must carefully track service dates and calculate filing deadlines to ensure that Petitions for Reconsideration are filed timely. The California Court of Appeal decision in Zurich American Insurance Co. v. WCAB (2023) has made it even more critical to meet all deadlines, as the Appeals Board’s failure to act within required time frames may result in petitions being deemed denied by operation of law.

Required Content for Workers Comp Petition for Reconsideration

California Labor Code Section 5902 requires that Petitions for Reconsideration set forth specifically and in full detail the grounds upon which the petitioner considers the final order, decision, or award to be unjust or unlawful. This requirement means that vague or general complaints about the judge’s decision will not be sufficient to support a successful petition, and workers comp attorneys must identify specific legal errors or factual mistakes that justify reconsideration.

The petition must also identify every issue that the petitioner wants the Appeals Board to consider during reconsideration. This comprehensive approach ensures that all potential grounds for relief are preserved and prevents the Appeals Board from limiting its review to only some of the issues raised by the petitioner. Failure to include all relevant issues in the petition may result in waiver of those claims for future proceedings.

Verification requirements mandate that Petitions for Reconsideration be verified upon oath in the manner required for verified pleadings in courts of record, similar to declarations or affidavits used in other legal proceedings. The petition must also contain a general statement of any evidence or other matters upon which the petitioner relies to support their request for reconsideration.

The Appeals Board Review Process for Petition for Reconsideration

Once a Petition for Reconsideration is filed, California Labor Code Section 5905 requires that copies be served on all adverse parties, who then have 10 days to file verified answers to the petition. This process ensures that all parties have an opportunity to respond to the allegations and arguments raised in the petition before the Appeals Board makes its decision on whether to grant reconsideration.

The Workers Compensation Appeals Board has 60 days from the date of filing to act on a Petition for Reconsideration under California Labor Code Section 5909. If the Appeals Board fails to act within this time frame, the petition is deemed denied by operation of law, as clarified by the recent Zurich decision. This strict deadline emphasizes the importance of filing complete and persuasive petitions that prompt timely review by the Appeals Board.

When reconsideration is granted, the Appeals Board may affirm, rescind, alter, or amend the original order, decision, or award based on the evidence previously submitted or after taking additional testimony. The experienced California workers comp attorneys at Cantrell Green understand how to present compelling arguments that persuade the Appeals Board to grant reconsideration and modify unfavorable decisions.

Supplemental Job Displacement Vouchers

Supplemental Job Displacement Voucher disputes frequently arise in workers compensation cases when injured workers are unable to return to their previous employment due to permanent work restrictions. These vouchers provide funding for retraining or skill development when workers cannot perform their pre-injury jobs, but insurance companies often dispute eligibility or attempt to minimize the value of these benefits.

Petitions for Reconsideration involving Supplemental Job Displacement Vouchers often challenge decisions regarding the worker’s ability to return to modified work, the adequacy of job offers made by employers, or the calculation of voucher amounts. These cases require detailed analysis of medical restrictions, job requirements, and labor market conditions to demonstrate that workers are entitled to retraining benefits.

The complex regulations governing Supplemental Job Displacement Vouchers create multiple opportunities for disputes that may require resolution through the Petition for Reconsideration process. Workers comp attorneys must understand both the vocational rehabilitation aspects and the legal requirements for these benefits to effectively advocate for injured workers’ rights to retraining assistance.

Strategic Considerations for Workers Comp Petition for Reconsideration

Filing a Petition for Reconsideration requires careful strategic analysis of the likelihood of success, the potential benefits of a favorable decision, and the costs and time involved in pursuing the appeal. Not every unfavorable decision justifies the expense and effort required for reconsideration, making it important to evaluate each case individually based on its specific circumstances and the strength of the grounds for appeal.

The decision to file a Petition for Reconsideration must also consider the impact on ongoing medical treatment and benefit payments. While the filing of a petition does not automatically stay enforcement of the challenged decision, it may create uncertainty that affects the provision of medical care or payment of disability benefits during the appeal process.

Workers comp attorneys must also consider whether alternative dispute resolution methods, such as settlement negotiations or mediation, might be more appropriate than pursuing reconsideration in specific cases. The experienced California workers comp attorneys at Cantrell Green can help injured workers evaluate all available options and choose the approach most likely to achieve their goals while minimizing costs and delays.

Common Errors That Lead to Petition for Reconsideration

Inadequate consideration of medical evidence represents one of the most common errors that prompt Petitions for Reconsideration in workers compensation cases. When judges fail to properly analyze medical reports, ignore treating physician opinions, or give excessive weight to defense medical examinations, injured workers may have grounds to challenge these decisions through the reconsideration process.

Errors in calculating permanent disability ratings or temporary disability benefits provide another frequent basis for Petitions for Reconsideration. The complex rating schedules and calculation methods used in California workers compensation can lead to mathematical errors or misapplication of rating guidelines that significantly affect the compensation awarded to injured workers.

Procedural errors during trial, such as improper exclusion of evidence, denial of continuances needed to obtain medical records, or failure to allow adequate time for medical examinations, can also provide grounds for challenging workers compensation decisions. These procedural issues often require immediate attention to preserve the right to reconsideration and prevent waiver of important legal protections.

Workers Comp Attorneys | Petition for Reconsideration | California

Understanding your rights under California’s Petition for Reconsideration process is essential for protecting your workers compensation benefits when unfavorable decisions are issued. The complex legal requirements, strict deadlines, and detailed procedural rules make this appeal process challenging for injured workers to handle without experienced legal representation.

The experienced California workers comp attorneys at Cantrell Green have the knowledge and skills needed to evaluate your case, identify viable grounds for reconsideration, and present compelling arguments that persuade the Appeals Board to modify unfavorable decisions. Don’t let an incorrect or unjust workers compensation decision stand without exploring your appeal rights – schedule an appointment with our experienced California workers comp attorneys today to discuss whether a Petition for Reconsideration could help you obtain the benefits and medical care you deserve for your workplace injury.