Legal Question in Workers Comp in California
My Workers Compensation case has been dragging on for years. Everytime we go to court the other Attorney finds some excuse not to settle the case. The judge wont force the Attorney to settle the case, and their is no date ever set by the Judge for them to do so. What should my Attorney be doing to get the case settled?
1 Answer from Attorneys
If by settle you mean a final resolution of the case were you get a lump sum and the case is dismissed, there is absolutely no requirement that a case be "settled". The case can be submitted on the record or after a hearing and an award can issue as to what you are entitled to with periodic payments starting and a lump sum payment of any benefits owed up to date of the award. There is no apparent reason that you attorney has not attempted to do so but it makes no sense why they would not have done so unless there was a good reason. You have to ask your attorney why the matter had not been resolved, such as your condition not yet being permanent and stationary.