Legal Question in Workers Comp in California

Waorkers compensation California

I have a workers comp case that is over 10 years old. There are 2 agreed medical examiners reports before the new California workers Comp law became effective in 2005.

The employers insurance co wants to settle under the new law. Can the this revert back to the old law because of the age?


Asked on 11/29/07, 5:03 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Waorkers compensation California

Unless the new law has a provision directly stating that it applies retroactively [goes back to cover injuries before the change that have not been resolved], then you apply the law as it was on the date of injury.

I am assuming that you never got a permanent disability rating, but asked for within 5 years of the injuries. tell them to cite to you the language that allows them to make this change, as the burden of proof is on them.

I do not know what the two Dr.s said so Ii do not know if you need an attorney or not. A WC attorney normally get about 10% of the award. If you wanted me to work on the case, i would charge $100 per hour, but until I speak with you [no charge for the telephone conference], I will not know what type of aid you really will need.

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Answered on 12/25/07, 8:38 pm


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