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california - question about settlements
#1
My case has been going on for over 3 years. All AME doctors reports are in, depositions are in. There has been no activity in my case for months.

Is there a time limit as to how long the insurance company can drag the case specially if all discoveries have been made. The insurance company is objecting to close the case they say there are more discoveries!

Is there any laws that would protect the injured worker from being dragged on and on by the insurance company?
 
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#2
(11-06-2011, 02:54 PM)sepi Wrote: My case has been going on for over 3 years. All AME doctors reports are in, depositions are in. There has been no activity in my case for months.

Is there a time limit as to how long the insurance company can drag the case specially if all discoveries have been made. The insurance company is objecting to close the case they say there are more discoveries!

Is there any laws that would protect the injured worker from being dragged on and on by the insurance company?

If you have an attorney have him or her file for a HEARING MSC DOR
Because they insurance co. will always find an excuse to drag your claim.. you already have all the evidence right? So whats stopping you.. The IC co, had 3 years to discover or investigate.. so I say you ask your attorney to file DOR so you can go before the judge.
 
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#3
(11-06-2011, 03:04 PM)Football71 Wrote:
(11-06-2011, 02:54 PM)sepi Wrote: My case has been going on for over 3 years. All AME doctors reports are in, depositions are in. There has been no activity in my case for months.

Is there a time limit as to how long the insurance company can drag the case specially if all discoveries have been made. The insurance company is objecting to close the case they say there are more discoveries!

Is there any laws that would protect the injured worker from being dragged on and on by the insurance company?

If you have an attorney have him or her file for a HEARING MSC DOR
Because they insurance co. will always find an excuse to drag your claim.. you already have all the evidence right? So whats stopping you.. The IC co, had 3 years to discover or investigate.. so I say you ask your attorney to file DOR so you can go before the judge.

He has done that and we have a court date for the end of this month. After they received the dor, they have sent a letter objecting to it stating they still need to do more discovery! They even depo'd the AME and that was back in January. They have done nothing since.
 
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#4
No time limit.
either party can object; the court will decide if it's reasonable.
the objection may or may not be granted; legal decisions are out of your hands.
they legal system is not known for speedy resolution of issues.
you can negotiate a settlement at any time; you have to give something to get something.
the less you are willing to take the more likely the issues will be resolved.

Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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