Legal Question in Workers Comp in California

In a court date.can. the injured worker go in a speak. With the judge in California

Asked on 5/21/13, 7:58 pm

2 Answers from Attorneys

Jacob Kiani Law Office of Jacob I. Kiani

No. Ex parte communications are generally

not allowed.

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Answered on 5/21/13, 8:01 pm
Nancy Wallace Nancy Wallace Atty at Law

When the INjured Worker has no attorney, the Injured Worker and the Defense ATtorney BOTH go into the WCAB Judge's chambers to indicate how they wish the matter to proceed.

Nobody argues the case at a conference, the parties just tell the judge whether the matter can proceed to trial or if more time and more reporting is required before a fair trial can proceed.

AT TRIAL, the injured worker presents medical reports and testimony while the judge writes notes. The defense attorney asks questions of the same witnesses and presents medical evidence too. THERE IS NO SPEAKING privately with the judge by either party.

If there are facts that need to go to the judge, these should be in the medical reports you submit and in the testimony by yourself and your witnesses. THEN, a summary of the facts you wish to present can be in a TRIAL BRIEF.

i think most judges appreciate a BRIEF, very direct TRIAL BRIEF. Keep it to just 4 pages. The 24-page briefs just make you look desparate and uneducated.

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Answered on 5/23/13, 9:29 am

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