Legal Question in Workers Comp in California

It depends whether a judge or jury decides but usually it is a jury unless the employee signed an arbitration agreement when he or she commenced his or her employment. If so, it is decided in Arbitration usually by a retired judge or a panel of retired judges.

Trial is less certain. You may get more than any settlement, and you may get nothing. It's a risk that you're taking instead of electing for the certainty of settlement.

There are NO JURIES at the Workers Compensation Appeals Board.

If you proceed to trial and a decision, that is NOT a settlement, that is an AWARD.

A 'Settlement' comes from the parties coming together on a number before the Judge issues a Finding & Award. If the parties cannot agree and all evidence goes to the Workers Compensation Judge, payment is made on the Workers Comp Judge's Findings & Award.

What are the chances? 50/50! That's why most people settle. They want to KNOW what they will get instead of wonder whether the Workers Comp Judge will follow the good doctor or the insurer's doctor.

I see you are nearby in Upland. drop me a note an [email protected] and I might be able to get more specific (as whether the judges at the pOMONA WCAB would prefer one physician's report over the other).