Legal Question in Workers Comp in California

Any final determination that results in the case being basically concluded can be appealed. The process is filing a Petition for Reconsideration which goes to the entire WCAB Board and then they read the briefs filed by both sides, review the file the WC Judge had, and render a written opinion. It a rather formal process with everything being done in writing and the parties having to cite case law for their positions. Unless you disability is clear cut [you had a massive heart attack and all the Dr.s say you can not do any type of work], the defense is likely to appeal as 100% permanent disability awards are rare and very costly. Years ago i used to work as defense counsel for State Fund and then the City of Oakland, and I would estimate I had two100% case in 4,000-5,000 cases.

If you have an attorney, they may charge extra for handling an appeal; the attorney's fee will be controlled by the WCAB but may still be very high. You should speak to your attorney, who probably has already been awarded 10-13% of the value of the 100% award, and try to get them to represent you without charge on the appeal considering how much they made on the PD award. If you do not have an attorney, you should call the defense attorney up and see if they will appeal --I think it is still thirty days after the award is mailed. You could then send to me a copy of the findings and award and I could quickly tell you what the likelihood of your losing is [will be an educated guess]; there would be no charge for that.