Workers’ Comp Hearings in California: MSC, Trial and the WCAB

Disputes in a California workers’ comp case are decided by a workers’ compensation judge at a district office of the Workers’ Compensation Appeals Board (WCAB), usually after a Declaration of Readiness, a Mandatory Settlement Conference (MSC) and, if the case doesn’t settle, a trial. There’s no jury. The judge hears testimony, reviews the medical reports, and issues a written decision.

The process has firm deadlines that can make or break a case. Discovery generally closes at the MSC, so evidence you don’t have by then may be excluded at trial. And if the judge rules against you, a Petition for Reconsideration is generally due within 20 days of service of the decision, plus five days if it was mailed to a California address. Miss it and the decision usually becomes final.

This guide explains each type of hearing, what happens at each, the timelines in the Labor Code, how decisions are appealed, and how to prepare.

How a case gets to a hearing: the Declaration of Readiness

Most workers’ comp cases begin at the WCAB when an Application for Adjudication of Claim is filed. Nothing is scheduled automatically after that. To get in front of a judge, a party files a Declaration of Readiness to Proceed (DOR), stating the issues in dispute and that the party has made a genuine, good-faith effort to resolve them.

The other side can object to the DOR, for example by arguing that discovery isn’t finished or a medical evaluation is still pending. The district office then sets the type of hearing that fits the issues.

The WCAB has district offices throughout California, including several in the Los Angeles area, Orange County and the Inland Empire, and in Bakersfield and Fresno. Your case is generally venued near where you live or where you were injured, subject to the venue rules. Many conferences are now handled remotely or in a hybrid format, while trials are more often held in person; your hearing notice will say how to appear.

Key fact

Types of hearings and what each one is for

Hearing	What it’s for	Timing under Labor Code 5502
Expedited hearing	Urgent disputes over medical treatment, temporary disability, or which employer is liable	Within 30 days of the DOR
Priority conference	Disputes over whether you were an employee or whether the injury happened at work, when you have an attorney	Within 30 days of the DOR
Mandatory Settlement Conference (MSC)	Settle the case or define the issues for trial; discovery closes	10 to 30 days after the DOR
Trial	Testimony, evidence and a decision by the judge	Within 75 days of the DOR
Status conference	Check progress and resolve procedural problems	As set by the court
Lien conference / lien trial	Resolve liens from providers, the EDD and others	Usually after the main case is resolved

Those are the timelines the statute calls for. In practice, busy district offices sometimes take longer to set hearings, and cases are often continued when a medical report is outstanding.

Watch: injured at work in California

Our attorneys explain what your employer must do after a work injury, and what to do in the first 24 hours to protect your claim.

The Mandatory Settlement Conference (MSC)

The MSC is the most important hearing in many cases. Its purpose is to settle the case if possible, and if not, to lock in exactly what will be tried.

At the MSC, the attorneys meet with each other and then with the judge. Settlement offers are discussed. If the case settles, the parties may sign a Compromise and Release or Stipulations with Request for Award, and the judge may review and approve it, sometimes the same day.

If the case does not settle, the parties prepare a Pre-Trial Conference Statement listing the stipulated facts, the issues in dispute, the exhibits and the witnesses. Under Labor Code section 5502, discovery generally closes at the MSC: evidence not disclosed by then usually cannot be used at trial unless it was not available with due diligence. That makes it critical to have every medical report and record you need before the MSC, not after.

You should attend the MSC with your attorney, ready to make settlement decisions. Before you decide, read should you accept a workers’ comp settlement offer.

Expedited hearings and priority conferences

Some problems can’t wait for the normal process. An expedited hearing is for urgent disputes, such as the insurer refusing to pay temporary disability or refusing to provide medical treatment (other than treatment disputes that go through utilization review and Independent Medical Review), or two employers arguing over who is responsible. The judge can decide the issue quickly so benefits aren’t held up for months.

A priority conference is for cases where the insurer denies that you were an employee or that the injury happened at work, and you are represented. These threshold issues stop everything else, so the law puts them on a faster track.

If your temporary disability checks have stopped or treatment your doctor requested is stuck, tell your attorney right away. Besides asking for an expedited hearing, your attorney can evaluate whether the insurer owes a penalty for unreasonably delaying or refusing benefits under Labor Code section 5814, which can add up to 25 percent of the delayed amount, capped at $10,000.

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What happens at trial

A workers’ comp trial looks different from a courtroom drama. It takes place in a hearing room at the district office, before a workers’ compensation judge, with no jury. A hearing reporter records the proceedings.

• The judge confirms the stipulations and issues from the Pre-Trial Conference Statement.
• Exhibits, including medical reports from your treating doctor, QME or AME, are admitted into evidence. Doctors usually do not testify in person; their reports and deposition transcripts are the evidence.
• You will usually testify about how the injury happened, your symptoms and your work. Other witnesses, such as a supervisor, may testify too.
• The judge may take the matter under submission and issue a written decision later.

Trials are not always finished in one day. If testimony runs long, or the judge needs more evidence to decide an issue, the trial may be continued to a later date, which is one more reason to have your evidence complete before the MSC.

Your earlier deposition testimony can be used at trial, so consistency matters. Under Labor Code section 5313, the judge generally must issue the decision within 30 days after the case is submitted, in the form of Findings and Award (benefits awarded) or Findings and Order (for example, a claim denied), with an Opinion on Decision explaining the reasoning.

By the numbers75 days

Appealing a decision: Petition for Reconsideration

If you disagree with a final decision, you can file a Petition for Reconsideration with the Appeals Board (Labor Code sections 5900 through 5903). Key points:

• Deadline: generally 20 days from service of the decision, extended by five days when the decision is served by mail to a California address. This deadline is strictly enforced.
• Grounds: for example, the judge acted without or in excess of their powers, the evidence doesn’t justify the findings, or new evidence has been discovered that could not have been produced earlier.
• Answer: the other side can file an answer, and the judge prepares a report for the Appeals Board.
• Further review: after the Appeals Board decides, a party can seek review in the Court of Appeal by a petition for writ of review, generally within 45 days (Labor Code section 5950).

Non-final, procedural orders are usually challenged with a Petition for Removal instead, which has its own deadline and standards.

💡 Example: Luis’s Findings and Award is served by mail to his California address on June 2. Twenty days from service is June 22. Because it was mailed, five days are added, so his Petition for Reconsideration must be filed by June 27. If he waits until June 30, the decision will usually be final.

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How to prepare for a WCAB hearing, step by step

1. Confirm the date, time and format (in person, remote or hybrid) on the hearing notice.
2. Meet with your attorney before the hearing to review the issues and any settlement offers.
3. Make sure the medical evidence is complete before the MSC, including your QME or AME report and any supplemental reports.
4. Gather proof of wages, missed work, mileage and out-of-pocket costs.
5. Request an interpreter in advance if you need one.
6. Review your deposition transcript before trial so your testimony is consistent.
7. Arrive early, dressed neatly, with photo ID. Hearing rooms often run several cases at once, so expect some waiting.
8. Calendar any appeal deadline the day you receive a decision.

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Liens, attorney’s fees and the end of the case

Even after your main case is resolved, liens from medical providers, the EDD or others may need their own conference or trial. Many settlements require the insurer to resolve medical liens, but EDD and support liens can affect your share. See liens on a workers’ comp settlement. Your attorney’s fee is also set by the judge as part of the award or settlement approval.

Whether a case is worth trying usually comes down to the permanent disability rating and future medical care. Our guide on what a permanent disability rating is worth explains how the numbers work.

We represent injured workers at WCAB district offices across Southern and Central California. Learn more about our Los Angeles, Riverside, Bakersfield and Fresno workers’ comp teams.

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Frequently asked questions

Do I have to go to the MSC?

Generally, yes. Applicants are usually expected to attend or be available, because settlement decisions are made there. Your attorney will tell you how and when to appear.

Is there a jury in a workers’ comp trial?

No. A workers’ compensation judge decides the case based on testimony and the documentary evidence, mostly medical reports.

How long after trial will I get a decision?

Under Labor Code section 5313, the judge generally must issue the decision within 30 days after the case is submitted.

Can I add new medical evidence after the MSC?

Usually not. Discovery generally closes at the MSC, unless the evidence wasn’t available or couldn’t have been obtained earlier with due diligence.

What if I miss the reconsideration deadline?

The decision generally becomes final. Contact an attorney immediately; there are very limited circumstances in which relief may be possible.

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