Legal Question in Workers Comp in California

I dont have an attorney,

What happens when the insurace co, attorney keeps filing to MSC and nothing is accomplished,,

Ive already been to two Mandatory Settlement Conferences and they keep stalling for time...

Do I have to right or can I file for a Court Hearing (trial) at this point,

I already got my doctors report stating im at MMI at 20% Whole,

Any advice?

Asked on 12/29/11, 3:51 pm

2 Answers from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

Thought I answered this one earlier, but I'll take another shot: YES YOU CAN file the Declaration of Readiness to Proceed requesting the Mandatory Settlement conference (MSC) which then lets the judge order the parties to trial.

IF THERE IS ANY problem or shortcoming with your doctor's report, it's too late to fix it after the MSC.

I think the problem is that the attorney is not explaining to you why the matter fails to proceed to trial at the MSC.

When there is an MSC and the judge doesn't order the parties to trial, it's typically because the doctor left a BIG answer out of the report and the attorneys are supposed to get the doctor to include missing details/answers in a supplemental report before proceeding to trial.

IF YOUR ATTORNEY is failing to explain clearly so you can understand why the MSC didn't lead to a trial, the trouble is your attorney's inability to put an explanation in simple terms.

The WC JUdges do NOT permit 'stalling for time'. the WC Judges DO PERMIT getting a complete report from the doctor so the Judge can issue a Findings & Award based on the doctor's report and the report is solid enough so that the losing part cannot appeal or get the Award set aside for error or insufficient evidence.

INSIST on a face-to-face meeting with this attorney for an explanation as to why two MSCs have resulting in no trial and no settlement...if the attorney avoids you and won't meet or make the explanation clearer, SWITCH ATTORNEYS to one you can understand.

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Answered on 12/31/11, 6:31 am

You need to retain an experienced attorney to bring your case to a resolution. By noy retaining an attorney, you are allowing the defense to run the show. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 1/01/12, 8:44 pm

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