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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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What can I do if a Workers Comp judge has refused my petition

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What can I do if a Worker's Comp judge has refused my petition for reconsideration on a case? The judge wrote that neither the QME physician nor my treating orthopedic physician substantiated my position that a specific injury was caused by a work related accident. My treating orthopedic physician has written progress notes as well as made statemetns in writing, that the injury IS job related.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

If your petition for reconsideration has been denied, you will need to file a 'writ of review' with the court of appeal for the appellate district in which your case was filed in order to have it reheard.

The writ needs to be filed within 45 days from when the petition for reconsideration is denied in order for your case to be heard.

See California Labor Code Section 5950 for more information:

Any person affected by an order, decision, or award of the appeals board may, within the time limit specified in this section, apply to the Supreme Court or to the court of appeal for the appellate district in which he resides, for a writ of review, for the purpose of inquiring into and determining the lawfulness of the original order, decision, or award or of the order, decision, or award following reconsideration. The application for writ of review must be made within 45 days after a petition for reconsideration is denied, or, if a petition is granted or reconsideration is had on the appeal board's own motion, within 45 days after the filing of the order, decision, or award following reconsideration."
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