Legal Question in Workers Comp in California

Re: workplace injury - government employee

I'm not exactly sure what you mean by the Govt wants to give you an award.

Typically when you become permanent and stationary your treating doctor is supposed to write a final report indicating what your disability is by providing a rating (1%-100%). If the insurance company does not accept the rating then they are entitled to request a panel qme evaluation. This doctor then will evaluate you and provide a rating.

Typically your doctors ratings and the panel qme's rating will differ. Then it's up to you and the carrier to negotiate a compromise between the 2 ratings. If no compromise is made, you can request a hearing and a subsequent trial. If there is still no compromise then you will go to trial and the judge will determine what your rating will be based on your medical records, your treating doctors reports and the panel qme reports. The judge will also consider your testimony and the testimony of other witnesses, if any.

The Judge will issue the rating after the trial. If you or the carrier does not like the finding of the Judge and feel that the judge made a mistake of law or that the findings are not supported by the evidence at trial, then you may appeal the judges decision.

So as you can see, no one just gives you an award. An attempt to negotiate the amount must first occur and if that fails then you go to trial and then the judge renders a decision as to the amount of your rating.