Legal Question in Workers Comp in California

Settlement

My wife is nhandling a WCAB case pro per. Since there is no monetary award possible we were unable to hire an attorney on contingency and no attorney would take the case on an hourly basis. After a depostion meeting the attorney for the defendant made an off the record settlement offer. In her case she has requested compensation for ''Serious and Willful Misconduct''. How can we find out what is the standard of evidence needed to prove this in the WCAB court in California? Furthermore, how can she minimize the risk of losing her sick and vacation hours which are to be reinstated as a result of the offered settlement?


Asked on 7/03/02, 6:10 pm

1 Answer from Attorneys
Laurie Allread Law Offices of Laurie Allread

Re: Settlement

First of all I am curious as to why there is no monetary Award. Second, the elements that one must satisfy to successfully pursue a S&W are listed in Labor Code Section 4553. I strongly suggest that you see legal advise before settling with the defense attorney. If you would like a free telephone consultation you may call me at 949 856 0852

Laurie Allread

Attorney at Law

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Answered on 7/03/02, 7:59 pm


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