California | Workers Comp
Legal Question
WCAB Hearing
I own a small business & hired a licensed contractor to re-roof my building. He had workers comp insurance for his employees, but sub-contracted part of the job to an unlicensed friend who brought a day laborer to the job who fell from the roof & died. I have been named a defendant in a WCAB hearing. It's been 2 yrs & no movement. Coincidentally, I met a retired WCAB referee who advised me to file a Petition for Dismissal due to lack of prosecution. I did, and as a result, the decedants attorney filed a Declaration of Rediness To Proceed (Status Conference). That ref didn't tell me what to do next. How do I speed this up? Can I ask for a hearing to establish who the employer is and then asked to be dropped as a defendant?
Originally, I hired attornies to try and force my insurance company into handling this. But they (the insurance co) claim employment issues are excluded from the policy and the attornies I hired were not familar with WCAB hearings. I have been unable to find anyone who specializes in employers defense where the state uninsured fund is involved. I am now pro per.
The roofer move on with his life, filed bankruptcy, and informs me that I am now the deep pockets. Is that true? Please help.
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Legal Answer
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Read More Answered By: Ryan P. McClure |
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