Answer FileWorkers' Compensation

How long do I have to appeal a workers' comp decision?

The answer, cited

Twenty days for the main route. A petition for reconsideration of a workers' compensation judge's final decision must be filed within 20 days of service under Labor Code section 5903, with a short extension for mailing. Court review after that requires a petition for writ of review within 45 days (Labor Code section 5950).

Workers' compensation appeals run on short administrative clocks. A party aggrieved by a final order, decision, or award of a workers' compensation judge must petition the Workers' Compensation Appeals Board for reconsideration within 20 days of service (Labor Code section 5903, extended a few days for mail service), stating statutory grounds such as evidence that does not justify the findings or newly discovered evidence. Reconsideration is a prerequisite: skipping it forfeits court review. If the appeals board denies relief, the next step is a petition for writ of review in the Court of Appeal within 45 days (section 5950), discretionary review, not a retrial. Different disputes have different fuses: a treatment denial through utilization review must be appealed to independent medical review within 30 days of the determination (section 4610.5), and objections to medical-legal evaluations carry their own windows under section 4062. Most unrepresented appeals fail on timing rather than merits, which is why calendaring the service date immediately matters more than drafting.

Authority: Cal. Lab. Code § 5903

Source: Cal. Lab. Code § 5903 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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