Legal Question in Workers Comp in California

Re-file a workers' compensation case is that dismissing all the other years on your case? Do you get a new ADJ # or do the use the same one? In Pro Per I dismissed my case without prejudice because I had surgery and couldn't walk. Wasn't aware until now, that I could have taken it OTOC. Nevertheless, judge say he has lack of jurisdiction because it has been five years from the date of injury, even though the case has be active pursued from 2006 until my surgery 2017.


Asked on 9/12/18, 11:23 pm

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

There is a law concept called LACHES that would cause the WCAB Judge not to let a party pursue it's claim 9 years after the incident. The injured worker has the obligation of prosecuting the claim in a timely fashion. On a denied claim, you need to take all your medical evidence to trial within one year after the injury date (or end of the trauma period). On an accepted claim, you need to prove all of your permanent disabilty with 5 years of the date of injury. It appears from the timeline in this question that you could not do that. If you re-file, the WCAB will re-open the old claim you voluntarily dismissed. IF the defense attorney objects to any proceeding on that claim because the WCAB Judge has no authority to award any benefits in 2018 on a 2006 injury.

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Answered on 9/13/18, 10:58 am


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