Before reducing benefits, what formal action is required?

Before reducing benefits, what formal action is required?

• A. Obtain an Order from the WCAB
• B. Seek a Court Injunction
• C. Submit a New Medical Report
• D. Notify the Insurer Only

Answer: (A)

Any reduction of workers’ compensation benefits in California requires a formal order from the Workers’ Compensation Appeals Board. The WCAB is the authorized forum to adjudicate changes in benefit levels, so you can’t unilaterally cut payments without going through a petition for modification or termination and a hearing where the evidence is reviewed. A new medical report can be part of the record and inform the decision, but it does not by itself reduce benefits. Similarly, a court injunction isn’t the proper mechanism for adjusting workers’ comp benefits, and simply notifying the insurer without obtaining a WCAB order does not satisfy due process.

Any reduction of workers’ compensation benefits in California requires a formal order from the Workers’ Compensation Appeals Board. The WCAB is the authorized forum to adjudicate changes in benefit levels, so you can’t unilaterally cut payments without going through a petition for modification or termination and a hearing where the evidence is reviewed. A new medical report can be part of the record and inform the decision, but it does not by itself reduce benefits. Similarly, a court injunction isn’t the proper mechanism for adjusting workers’ comp benefits, and simply notifying the insurer without obtaining a WCAB order does not satisfy due process.