Legal Question in Workers Comp in California

When (time line) is a response against a 132a Petition in a Workers Compensation case due? And what kind of responses can I give? Are there samples or forms for a response? I just received the 132a Petition against my small company - lost in stack of mail - but it says it was mailed September 20 and it is now October 25th.


Asked on 10/25/15, 2:46 pm

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

Generally you are supposed to respond in 30 days, but on this petition no WCAB judge would rule without a Mandatory SEttlement Conference then a Trial, so you would need to have the Answer filed prior to the settlement conference. There are no samples for a response of which I am aware. Your Workers Compensation Insurance Carrier has attorneys and their attorney should give you a sample (if you have no insurance, you have much bigger problems). Here is the code section relevant to this petition: https://www.dir.ca.gov/t8/10447.html Here are rules for your answer: https://www.dir.ca.gov/t8/10484.html This is very very complicated and one tiny little oversight or misunderstanding can cost you hundreds of thousands of dollars, so this is not 'small claims court' and not a place for a novice.

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Answered on 10/27/15, 11:24 am


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