Lawyers and the WCAB

What happens at the WCAB

By the CalCompGuide editorial team · Last updated November 2026 · How we write and check guides

1. The Application for Adjudication

Filing the Application opens a case with an ADJ case number. Represented workers' attorneys file electronically; unrepresented workers can file paper forms at the district office. You need it to protect the one-year deadline when benefits aren't provided, and before a judge can decide anything.

2. The Declaration of Readiness to Proceed

A DOR tells the court the issues are ready for a hearing and that good-faith efforts to resolve them failed. Types of hearings include:

• Expedited hearing for urgent disputes like TD or a denied treatment, generally set within 30 days.
• Priority conference for threshold issues, such as whether you were an employee or the injury happened at work.
• Mandatory Settlement Conference (MSC) for the main case issues.
• Status conference to sort out discovery and next steps.

3. The Mandatory Settlement Conference

At the MSC, the parties meet with a judge to settle or narrow the disputes. If there's no settlement, they fill out a pretrial conference statement listing stipulations, issues, exhibits and witnesses. Evidence not listed may be barred at trial, so this step is critical. Under Labor Code §5502, an MSC is generally held within 30 days of the DOR and trial within 75 days.

4. Trial

Trials are before a workers' comp judge, without a jury. Testimony is usually limited to the worker and a few witnesses; the medical evidence comes in as reports. The judge issues a written decision, often a Findings and Award or Findings and Order.

5. Reconsideration

A party who disagrees can file a petition for reconsideration with the WCAB commissioners within 20 days of service of the decision (plus 5 days if served by mail) (LC §5903). After that, review is by the Court of Appeal.

Hearings today

Many WCAB hearings now take place by video or phone, using the judge's virtual courtroom. Check your hearing notice. The WCAB office list has addresses and phone numbers.

Help if you don't have an attorney

Information & Assistance officers at each district office can explain hearings, help with forms and attend some settlement reviews. Many offices also hold free injured worker workshops.

This guide is general information, not legal advice. Every case is different. For free help from the state, call the DWC Information & Assistance unit at 1-800-736-7401.