Legal Question in Workers Comp in California

I believe I answered this yesterday. Forgive me if that wasn't you. The question yesterday involved the Long Beach WCAB. They are very short-handed and process filings by mail about 3.5 months after received. I said you'd be sent around late January, early February.

If your attorney wanted to, he could 'walk through' a Rating MSC DOR and request a date in person. But that takes time to drive to the WCAB, get the clerk to process and scan, then wait in line for the calendar clerk, so most choose not to do this.

WHY WOULD THE ATTORNEY KEEP PUTTING OFF = the declaration of readiness is supposed to list efforts made by the attorney to resolve the claim based on the existing medical evidence. "18% Whole Body" is NOT a permanent disability figure and is NOT a basis for a complete settlement demand.

For an accurate settlement demand; the attorney needs to get a consultative rating, converting that 18% WPI to the Permanent disability for your age at injury and occupation, then calculate what the Future Medical discussion in the report would support in a demand to cash out future medical rights, then write the defense attorney/claims adjuster for a proposed resolution with and without settling future medical rights.

If the attorney hasn't done this, the secretary MIGHT be waiting for him to do that before typing up the DOR and mailing it to the WCAB.

But, the DOR may already be typed, it may have been mailed, and it may be sitting in a WCAB clerk's 'in' box just waiting for that state employee to get to it...someday.

BTW, when the Insurance Company responds to settlement demand, it DOES NOT copy the Injured Worker.

So it's possible the insurer rejected a demand or just rejected the findings of the "MMI Doctor' and wrote for a panel to get a disputing report, and those went only to the attorney's office without copies to you.

Unless you are going to settle by compromise and release for a lump sum, there is no detriment to keeping your case open, and there is no need to go to court. With a Stipulated Award you will only receive payments every two weeks, which is what the carrier is suppose to be paying now based upon the current reporting. I can understand your impatience, but you have not been harmed in any way. Further, you cannot force the carrier to settle by compromise and release. You have not outlined a medical dispute, nor stated any reason why an appearance before the court is necessary.

I think you need to reconsider your goals and determine why you must settle the case immediately. Only the insurance carrier benefits by a quick settlement unless the applicant receives a lump sum. If you put as much time into returning to work, or finding new employment, then you probably would not have the time to complain about your attorney.