Workers’ Compensation Hearing
Are you wondering if you should attend your workers’ compensation hearing? Contact the Myers Law Group today for a free consultation.
Question:
Should I attend my workers’ compensation hearing?
Answer:
Clients often contact us with concerns after having filed a claim, saying they are nervous about the process going forward and whether or not they will need to attend a Workers’ Compensation hearing. Throughout the entire Workers’ Compensation process, you have to understand that not everybody has your best interests. A lot of employers will do the right thing and make sure that you get the treatment that you deserve; other times, the employers will deny claims despite the fact that they know that you got injured at work.
Still other times, 
it’s not the employer that’s getting in the way— it’s their insurance carrier. The insurance carrier has denied a claim despite the fact that your supervisor, or your foreman, or your human resource representative knows that you got injured at work and agrees that you got injured at work. Despite all that, they have an insurance carrier that is denying your claim.
If you’re nervous about making sure that your claim is accepted or you’re nervous about going in front of the Workers’ Compensation Appeal Board, make sure that you understand that there are attorneys out there that can assist you through that process. If you have questions regarding the process going forward, including sitting for depositions or showing up to hearings, feel free to give me a call. I’m happy to answer any questions that you may have as to what to expect once you file a Workers’ Compensation claim here in California.
A workers’ compensation hearing is an administrative proceeding before the WCAB, not a typical civil jury trial. California workers comp attorneys can identify the disputed issue and evidence the judge needs.
Conferences and Trials Serve Different Purposes
A status conference addresses case management or an interim issue. A mandatory settlement conference attempts resolution and frames issues, witnesses, and exhibits for trial. Trial is held before a workers’ compensation judge, who considers testimony, medical reports, wage records, and other admitted evidence.
The hearing notice should identify date, location or remote instructions, and proceeding type. Confirm attendance requirements and immediately raise a conflict; failure to appear can have serious consequences.
Preparing the Evidence
Review the DWC-1, pleadings, denial, medical reports, benefit notices, pay records, job description, restrictions, and witness list. Organize a chronology of injury, notice, treatment, disability, modified work, and payments. Medical causation and impairment generally require substantial medical evidence, not only personal belief.
Testifying Clearly
Listen to the complete question, answer truthfully from memory, and say when you do not know. Do not guess dates or exaggerate symptoms. Explain job duties concretely and disclose prior conditions accurately. Consistency matters, but honest clarification of an earlier mistake is better than defending an error.
After the Hearing
The judge may issue minutes, orders, findings, or an award after the record closes. A decision can address only the submitted issues, leaving treatment or future benefits open. Reconsideration and other review procedures have short deadlines. Read the decision and service date immediately.
Settlement at the Courthouse
Cases can settle before or during a hearing. Review whether the agreement is a compromise and release or stipulations, what medical care remains, how liens and advances are handled, and whether employment releases are included. The WCAB reviews compensation settlements for adequacy.
Common Questions
Will there be a jury?
No. WCAB trials are decided by a workers’ compensation judge.
Must every doctor testify?
Medical reports are often evidence, with depositions used when needed. Admissibility and substantial-evidence rules apply.
Can I bring new documents at trial?
Late evidence may be excluded if not disclosed as required. Provide records before the conference deadline.
The DWC publishes official hearing and adjudication guides.
Issues a Judge May Decide
A trial may concern whether an injury occurred, which employer or carrier is liable, temporary-disability dates, permanent impairment, apportionment, future medical care, penalties, or credits. Different issues require different proof. A wage dispute needs payroll; medical causation needs adequate physician reasoning; credibility disputes may require live testimony.
After trial, continue complying with treatment and reporting duties unless an order changes them. Preserve payment records and confirm whether the decision is final before assuming the case is closed.
Bring identification, hearing notice, an organized exhibit set, and any required accommodation request. Confirm remote-hearing technology and a private location before the scheduled time.
Are you or a loved one in the process of filing an employment claim in California and have questions about your workers’ compensation hearing? Contact the experienced California employment law attorneys at the Myers Law Group today for a free consultation and case evaluation.
We can help get your life back on track.
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