Padilla Law Group, LLP

Workers' compensation appeal and reconsideration

Many California workers have been injured on the job. This can lead to financial hardship when wages cease and medical expenses accumulate. Fortunately, the workers' compensation system can provide financial relief, but only to those who qualify. Far too many Californians see their claims denied though, which means that they have to decide if they just want to eat their losses or if they want to appeal their claim denial in hopes of recovering the benefits they deserve.

We encourage injured workers to appeal their denied claims. The first step in that process is called reconsideration. In order to succeed through reconsideration, an injured worker must show one of a number of factors. For example, workers' compensation benefits may be granted if it can be shown that the initial determination was not justified given the evidence presented. Also, newly discovered or acquired evidence that is critical to a workers' compensation determination may warrant reconsideration.

What does this mean for injured workers? It means that they need to carefully consider how they approach the reconsideration process. They need to analyze the judge's findings, determine whether those findings support the determination, and develop a strategy of how to present additional evidence in a way that will justify the awarding of benefits. This isn't easy, of course, as an administrative law judge's initial decision is given a lot of deference. For this reason, injured workers need to be aggressive and persuasive in their reconsideration appeal.

To do so, many Californians find it beneficial to work with a skilled legal professional who knows the ins and outs of this area of the law. These attorneys can guide an injured worker through the process to ensure that his or her claim has the best possible chance of success given the facts at hand.



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Padilla Law Group, LLP
320 Encinitas Blvd
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Encinitas, CA 92024

Phone: 858-480-6182
Fax: 858-720-9797
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