Legal Question in Workers Comp in California

My husband died in 2006..a law firm is handling litigation for me as his wife because he suffrered from asbestosis which also led to liver cancer. Is there a maximum time frame to settle claim filed in California... Siz years is now approaching..... Help please. Respectfully, Mary Sanchez


Asked on 2/22/12, 4:47 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

There is no time limit once an Application for Adjudication has been filed, but it should have been resolved a long time ago. I am not an expert, but I do not know that asbestosis has been shown to be connected to liver cancer. Contact the law firm and demand to know what is happening and get a detailed time table as to when they will act on the case. If they can medically show the connection they will get a large attorney fee so they should have acted a long time ago. You may want to switch law firms

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Answered on 2/22/12, 8:23 pm
Nancy Wallace Nancy Wallace Atty at Law

Once you learned there was Asbestosis, a One-Year 'Clock' began to tick.

So, if you learned in 2005 that the diagnosis was Asbestosis, you had until 2006 to file an Application for Adjudication of Claim with the local Workers' Compensation Appeals Board.

If the firm is only pursuing the 'wrongful death' recovery from the asbestos manufacturers' big fund, and not a Workers' Comp action, you waited too long.

I've never had a death claim run six years, but have had many others run 7+ years. But the 7+ year claims involved multiple surgeries that failed.

The shorter answer is that there is no time limit to bring a case to trial. But if you are asking questions HERE instead of face-to-face with your attorney, there are huge communication problems.

If you don't have a firm you can email a question to directly, it's time to switch firms. They will be taking thousands and thousands of your money, and if you cannot speak with them and get answers you can understand, you've got the wrong firm.

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Answered on 2/23/12, 9:27 am


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