Legal Question in Workers Comp in California
Is it common practice to have the plaintiff in attendance at a msc conference before the wcab?
2 Answers from Attorneys
Yes, usually the first time you go to workers' compensation court, known as the Workers' Compensation Appeals Board, it will probably be for a Mandatory Settlement Conference or "M.S.C."
The law requires a conference with all parties present prior to trial. The parties are required to attempt to settle the case but if they cannot they are required to agree what issues exist. For instance, we might agree that you were injured and disagree over the extent of your disability.
Attendance at the conference is "mandatory." It is not mandatory that we settle the case, only that we try to. Sometimes, this will be the first time that anyone from the insurance company has seriously looked at the case in terms of settlement. Some insurance adjusters have responsibility for hundreds of cases and just cannot get around to each one until they are forced to.
Feel free to call me directly if you have additional questions at 310-295-2056.
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If there are no issues that can be resolved by discussion between the two attorneys, and especially if you would be losing money by taking time off work, it may be possible to have the injured worker o telephone standby where they can be reached an d respond within a few minutes. If the employees makes a good appearance [which may mean they look awful because of the injuries] it is best to have them their to influence the defense attorney as to the strength of the employee's case.
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How does Mark R. Leeds rate as a work comp. attorney? Asked 11/22/11, 1:29 pm in United States California Workers' Compensation Law