Legal Question in Workers Comp in California
reopen to reduce
Insurance company filed reopen to reduce right before 5 year deadline(no good cause or any reason given in the petition). Now sent me letter for defense QME whichs falls outside 5 year. Any case law on this situation? Can the judge stop the appointment since no new fact or evidence given? or the defense QME's different opinion will allow relitigation of my case?
1 Answer from Attorneys
Re: reopen to reduce
the defense probably has subrosa showing you participating in activites that are beyond your given limitations. At this point your best course of action is to request a status conference and put the issue before the court. If you fail to attend the QME, the defendants will file a petition to compel, and perhaps a petition to stop benefits, so getting a court date early is a good idea.
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