Legal Question in Workers Comp in California
I was given MMI by my treating Doctor, He gave me Whole Body Impairment rating of 18%
unable to return to my Job duties, this was back in August of this year.. My attorney has told me we are ready to go to court, But it's been 2 months since he told me that and I checked the court information and he has yet to file the (DOR) Declaration of Readiness to go to court, We are also yet to hear from the Insurance co. There has been no talk of settlement.. So my question is why would my attorney not want to file to go to court if we have everything we need.. Is there anything I can do on my own?
BTW Does anyone know the case log or work load Long Beach court has right now, If my attorney does decide to file in the next month or so?
1 Answer from Attorneys
You can call the Long beach Board yourself to find out about the time it will take to get a conference [it will be set for a rating pre-trial or conference before any hearing date is set]. I do not know why the DOR has not yet been filed.
Once you are P&S, the carrier should be advancing a reasonable level of PD to you. Filing a DOR and having a WCAB appearance date normally wakes the carrier up, but often you have to go to the appearance as their attorney will not look at the file until the day or two before the appearance.
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