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Workers' Compensation Attorneys

Denied Workers’ Compensation Claim in Fresno

How to fight back and get the benefits you’re owed

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Quick Answer

A denied workers’ comp claim in Fresno is not the end of your case. In California you can challenge a denial by filing an Application for Adjudication of Claim with the Workers’ Compensation Appeals Board (WCAB), generally within one year of your injury (Cal. Labor Code § 5405). If your medical treatment was denied through utilization review, you can request an Independent Medical Review (§ 4610.5) within 30 days. Most denials can be fought – and you pay no fee unless we win. Call (559) 629-8844 for a free review.

Your Fresno Workers’ Comp Claim Was Denied. Now What?

Getting a denial letter after a workplace injury is frightening, especially when you are out of work and the medical bills are piling up. Take a breath: in California, a denial is often just the insurance company’s opening position, not a final decision. Many denied claims are approved once the right medical evidence and paperwork reach a workers’ compensation judge. What matters most is acting quickly, because the appeal deadlines are strict.

Our Fresno workers’ compensation lawyers handle denied claims across Fresno County on contingency. There is no cost to have us review your denial letter and explain your options.

Why Workers’ Comp Claims Get Denied in Fresno

Insurers deny claims for many reasons, and most are challengeable. The most common we see include:

  • Missed deadlines – the injury was not reported to the employer within 30 days (Labor Code § 5400), or a claim was not filed in time.
  • “Not work-related” – the insurer argues the injury did not happen at work or was caused by something else.
  • Pre-existing condition – the insurer blames an old injury, even when the job made it worse (aggravation of a prior condition is often still covered).
  • Not enough medical evidence – the first doctor’s report did not clearly connect the injury to work.
  • Missed appointments or evaluations – skipping a required medical or QME exam.
  • Employment disputes – the company claims you were an independent contractor, a frequent tactic in agriculture and day-labor settings.

A denial for any of these reasons is not automatically the end. It usually just means the dispute now has to be decided by the workers’ compensation system rather than the insurer.

Denied Claim vs. Denied Treatment – Two Different Fights

It is important to know exactly what was denied, because the appeal path is different:

  • A denied claim means the insurer rejected your entire case. You challenge this through the WCAB (below).
  • A denied treatment means your claim is accepted, but a specific treatment your doctor requested was denied through utilization review (UR) as “not medically necessary.” You challenge this through Independent Medical Review (IMR).

How to Appeal a Denied Claim Through the WCAB

If your whole claim was denied, here is the path in California:

1. File an Application for Adjudication of Claim. This opens your case with the Division of Workers’ Compensation district office for the county where you were injured. The general deadline is one year from the date of injury, the last date benefits were paid, or the last date medical treatment was provided, whichever is latest (Labor Code § 5405).

2. Resolve the medical dispute with a QME. When the injury or its cause is disputed, the DWC issues a panel of Qualified Medical Evaluators (QMEs). In represented cases, each side strikes names from the panel and the remaining doctor performs the medical-legal evaluation (Labor Code § 4062.2). This report often decides the case.

3. Request a hearing. Once the case is ready, a Declaration of Readiness to Proceed is filed, which sets a Mandatory Settlement Conference before a workers’ compensation judge. Many disputes settle here.

4. Trial and appeal. If it does not settle, a judge decides after trial. If the decision goes against you, you can file a Petition for Reconsideration with the WCAB within 20 days of the decision (Labor Code § 5903).

If Your Treatment Was Denied (Utilization Review)

Every treatment your doctor requests goes through utilization review to confirm it is medically necessary. If UR denies, delays, or modifies the treatment, you do not have to accept it. You can request a free Independent Medical Review (IMR) – a review by an outside physician who is not connected to the insurer (Labor Code § 4610.5).

The signed IMR application must reach the state’s IMR administrator within 30 days of the mailing date on the UR denial letter (the window is shorter – 10 days – for certain prescription-drug disputes). Missing this deadline can forfeit your right to challenge the denied treatment, so do not wait.

Fresno Work-Comp Deadlines You Cannot Miss

ActionDeadlineAuthority
Report the injury to your employer30 daysLab. Code § 5400
File a claim (Application for Adjudication)1 year from injury / last benefit / last treatment§ 5405
Request IMR after a treatment denial30 days from the UR letter§ 4610.5
Petition for Reconsideration after a trial loss20 days from the decision§ 5903

These are the general deadlines; the exact date in your case depends on your specific facts. When in doubt, talk to a lawyer right away rather than risk missing a window.

How a Fresno Workers’ Comp Lawyer Helps After a Denial

You can appeal on your own, but the insurer will have lawyers and doctors on its side. Our team levels the field. We:

  • Read the denial letter and pinpoint exactly why the claim was rejected;
  • Gather the medical evidence and reports that tie your injury to your job;
  • Handle the QME panel process and the WCAB paperwork and deadlines;
  • Fight denied treatment through IMR;
  • Negotiate a fair settlement, and take the case to a workers’ comp judge when the insurer will not budge.

We work on contingency. There is no upfront cost, and attorney fees in California work-comp cases are set and approved by the workers’ compensation judge – typically a small percentage of the benefits recovered. You keep the vast majority of what we win for you.

Frequently Asked Questions

Yes. A denial by the insurance company is not final. You challenge it by filing an Application for Adjudication of Claim with the Workers’ Compensation Appeals Board, where a workers’ compensation judge – not the insurer – decides the dispute.

Generally one year from the date of injury, the last date benefits were paid, or the last date treatment was provided, whichever is latest (Labor Code § 5405). Because the exact date varies, it is safest to act as soon as you receive the denial.

If a treatment was denied through utilization review, you can request a free Independent Medical Review within 30 days of the denial letter (Labor Code § 4610.5). An outside physician then decides whether the treatment is medically necessary.

Common reasons include missed reporting or filing deadlines, the insurer claiming the injury is not work-related or is pre-existing, thin medical evidence, or a dispute over whether you were an employee. Most of these can be challenged with the right evidence.

Nothing upfront. We work on contingency, and California workers’ compensation attorney fees are set and approved by the judge as a percentage of the benefits recovered. If we do not win benefits for you, you owe no attorney fee.

Yes. California workers’ compensation covers employees regardless of immigration status, and that includes the right to challenge a denial. Your status does not affect your eligibility for benefits.

If your Fresno workers’ compensation claim or treatment was denied, contact Goldberg & Loren for a free, confidential consultation. Call (559) 629-8844 or request a consultation online. No fee unless we win.

Goldberg & Loren

2416 W Shaw Ave #114
Fresno, CA 93711
(559) 629-8844
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Sources

California Division of Workers’ Compensation (DWC), Independent Medical Review and Workers’ Compensation Appeals Board; California Labor Code §§ 5400, 5405, 4062.2, 4610.5, 5903 (leginfo.legislature.ca.gov). This article is general information, not legal advice; the application of these laws depends on the facts of your case. Last updated September 2026.

George Goldberg, founding partner of Goldberg & Loren

George Goldberg

Founding Partner • J.D. Magna Cum Laude, University of Miami

“I started on the defense side. I know every trick they use. Now I use that knowledge to fight for people who need it most.”

With over 32 years of trial experience and more than 20,000+ cases handled, George began his career in 1994 defending airlines and corporations—giving him rare insight into how the other side operates. Since 1996, he’s used that insider knowledge exclusively for plaintiffs, building Goldberg & Loren into a firm with a 98% success rate.

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