Legal Question in Workers Comp in California
Can you Petition Court to see Judge ASAP?
A continuous trama case involving 2 comp carriers. Settlement years ago was one paid bills, other to keep future medical open. Now injury requires surgery and one comp carrier went into liquidation. Under CIGA, another carrier involved, but just discovered previous comp should pay. Just starting to petition court to review and have them be responsible.
Injury is getting worse requiring disc fusion surgery soon. Cannot wait months before judge decides whom is involved. Any way to petition court (emergency) to get hearing sooner than months away as one WC carrier just petition court to ivolve the other? Surgery has to be done no matter who pays. I don't want to lose function from waist down if nerve closes off.
Is there any way to speed up this process. In Central California. No attorney now, but only want medical open and bills paid.
1 Answer from Attorneys
Re: Can you Petition Court to see Judge ASAP?
Yes. You need to speak with the information & assistance office regarding a declaration of readiness for an Expedited hearing, which usually takes place within 30 thirty days. Due to the complexity of your case, I recommend that you seek representation. Given that you have an award and authorization for surgery is untimely, you may tempt an attorney to accept your case by filing a penalty petition under labor code section 5814 asking for attorney fees pursuant to labor code section 5814.5