Legal Question in Workers Comp in California

The "Agent" of the business designated to accept lawsuits has to be given a copy -- personal service... so be certain the attorney had the 132a petition personally served on the agent for service of process. Just filing the form at the wcab doesn't do much.

Next, the attorney needs to find out if the insurance company is defending the claim for the employer, or if the insurer has refused to answer the petition and will not be responding. Employers cannot insure against 132a petitions. Most employers have to hire an independent attorney to defend the against the 132a petition.

Then we wait until you are released back to full duty or released with permanent life-long restrictions that would stop you from doing that pre-injury job.

If you are released to full duty, no restrictions permanently, you demand your old job back and if you are refused, the lost wages damages on the 132a claim start accruing. You diligently look for new work AFTER the doc releases you to full duty no restrictions. The lost wages portion of the 132a claim are the lion's share of the award at trial.

If you cannot return to full duty so you would not have had that old job anyway, the only 'penalty' is 50% of the permanent disability up to 10,000. If your permanent disability percentage totals $18,000, the penalty due from the employer (when the judge finds 132a was truly violated) is $9000.

WARNING: THE INSURANCE defense will (likely) schedule a deposition; if your attorney fails to invite the employer and 132a defense attorney to that deposition, the 132a attorney can set another deposition later, and if you say anything different, you're screwed. A seasoned attorney makes certain BOTH the insurance attorney AND the 132a attorney are at just one deposition and you give sworn testimony only once.

Most times, the employer cannot afford counsel, they ask their second cousin to look at the 132a petition, nothing happens and at the close of the claim the insurance company offers and extra $2,500 to voluntarily dismiss the 132a petition.