Legal Question in Workers Comp in California

Filing paperwork for Reconsideration on WCJ decision. Attorney agreed to apppel then backed out leaving us with 10 days til deadline to file Reconsideration. Judge's decision was 25,000 disability payment w future medical of Relieve or Cure for back, shoulder, and both elbows/forearms. Is Reconsideration a smart move or should we cash out? One IC responsible for only 6% offered a cash out of 30,000 on top of other IC that owes the 25,000+future medical. Can anything be done to our attorney? No one will touch the case because it is "too old" they say. This has been going on since 1999. Judge's decision arrived July 20, 2010.


Asked on 8/04/10, 3:59 pm

1 Answer from Attorneys
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

You probably should speak with an attorney directly, if possible, because your question is contradictory. If you were awarded $25,000 plus future medical, then you have a stipulated award with future medical. No one can make you settle otherwise. It appears you are unhappy with the dollar amounts award. From my experience there is not a lot you can do if the judge made a finding, especially if the judge has enough evidence to support the finding. In other words, the appeal will most likely be a waste of time. In fact, it will force the judge to submit a detailed statement regarding his finding, which means a lot of extra work. You would not want to come back before the judge on another under such circumstances. You must remember that you are on the 1999 permanent disability pay scale even though it is 2010.

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Answered on 8/09/10, 4:32 pm


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