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Expedited hearing process
#1
I’ve been researching the expedited hearing process and I think I might be mixing it up with trial.

I remember asking I&A if I needed to provide the IC with the reports that I plan on bringing to the hearing. The I&A officer said all I have to do is bring any medical or legal reports to the hearing and the judge will make a decision If there is any benefits owed.

I remember the IC’s attorney going in to see if the judge is ready to see us. She return a few minutes later and wanted to know if I want to settle. She couldn’t explain to me how they decided on that amount so I told her I would like to see the judge.

Does the judge have access to my claim? Or did the IC submit information about my claim to the judge?

The judge knew quite a bit about my claim so I was just wondering if the IC provided him with my file. There’s also some statements made that I didn’t think have any impact on his ruling on benefits.
 
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#2
In my opinion listing the documents you are going to submit in either a expedited hearing or trail covers you basis. When I filed for an expedited hearing I listed the documents and also attached them with the forms I submitted, made copies and CC'd insurance company. The defense also does same.

I have no idea what type of hearing you went to, but as I mentioned in a previous post I have seen what can happen when an injured worker does not submit evidence before a trial. An injured worker thought they were going to an expedited hearing and brought the evidence showing they were underpaid on TTD by over 15 grand. The attorney they had previously failed to submit her proof of wages in the documents before the trail and the judge refused to review them at the trial. There are strict rules about submitting evidence before a trial.

If you were at an expedited hearing or status conference and the issue does not get resolved then it will most likely move to a trail. You can look at the hearing notice you received and it should have stated what type of hearing it was at the top. Hopefully you keep these documents and I recommend placing them in order of date, with older date on bottom or back so when you get something new it goes in the front of file.

If you did not keep the notices, you can calk an I&A officer and they should be able to pull up your case by the ADJ number and see something about it.

It has been years since I have filed for an expedited hearing and things may have changed since (unknown) or who know, maybe I did not fill out the paperwork correctly. When I was pro per and filed an expedited hearing, the defense attorney worked things out with me before the hearing and it would get cancelled as we both agreed to cancel it. The judge usually wants the parties to try and work things out first themselves. If they cannot then that is when it escalates to a hearing and then trial or MSC and the judge will decide. So the scenario you described with the defense attorney trying to settle before you went in is actually normal from my experience.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#3
Sorry about the typos. I am horrible at typing and the edit feature is not working.

Just to reiterate the things I post are from my own experience as an injured worker and it has been a number of years since I filed for hearings. I am not an expert and I am responding to you off of very limited info. Please check with an attorney or I&A officer about these important issues. I answer basic questions when I can to try and help injured workers in California. The questions you are asking are not basic and really should not be answered on a message board. I know you are "lost and confused" with this system as most injured workers are, and even myself. The help now with I&A seems like a hit and miss. Reading your post it is clear that injured workers are not getting the help they need. I just don't want to make your situation worse by giving you wrong info.Please ask these questions to a professional. You have important benefits at stake.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#4
(11-24-2018, 06:38 PM)California_Help Wrote: Sorry about the typos. I am horrible at typing and the edit feature is not working.

Just to reiterate the things I post are from my own experience as an injured worker and it has been a number of years since I filed for hearings. I am not an expert and I am responding to you off of very limited info. Please check with an attorney or I&A officer about these important issues. I answer basic questions when I can to try and help injured workers in California. The questions you are asking are not basic and really should not be answered on a message board. I know you are "lost and confused" with this system as most injured workers are, and even myself. The help now with I&A seems like a hit and miss. Reading your post it is clear that injured workers are not getting the help they need. I just don't want to make your situation worse by giving you wrong info.Please ask these questions to a professional. You have important benefits at stake.

That’s pretty much exactly what happened. There are two I&A officers that are normally there when I have questions to ask. One is more helpful than the other. I don’t bother with calling anymore because it can take several hours to get through, then they don’t provide any useful information.

I’m not frustrated with I&A, I’m sure the information they gave me pertains to normal cases. It seems simple enough that I could just bring my evidence to the hearing. It was an expedited year for ttd because the I&A officer helped me file it.

I’m more concern with the judge requesting to see a doctors report that says ttd and gives exact dates. He wasn’t planning on looking at what I brought even if I had it since I didn’t submit it to the IC. I’m not sure if the IC provided him with my files because he argued more than the IC.

The only argument the IC made was that my examination was not done by ptp so they’re not valid. The judge just seemed to agree with it. I’m not sure if he’s sent the reports but the IC and the employer have both been falsifying records to their benefits.

The judge and assistant chief of claims wanted to see if the qme will report ttd and they can start the benefits. The new qme has restrictions that even if I was still working, I don’t think they can accommodate it.

I was curious if I don’t have a job anymore, am I entitled to ttd if the qme reports shows restrictions?

I’m just waiting on the full report so I can get an attorney. I think one of the reasons I’ve been turned down was that the first qme report did not have a rating.
 
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#5
(11-24-2018, 07:36 PM)Lostandconfused Wrote:
(11-24-2018, 06:38 PM)California_Help Wrote: Sorry about the typos. I am horrible at typing and the edit feature is not working.

Just to reiterate the things I post are from my own experience as an injured worker and it has been a number of years since I filed for hearings. I am not an expert and I am responding to you off of very limited info. Please check with an attorney or I&A officer about these important issues. I answer basic questions when I can to try and help injured workers in California. The questions you are asking are not basic and really should not be answered on a message board. I know you are "lost and confused" with this system as most injured workers are, and even myself. The help now with I&A seems like a hit and miss. Reading your post it is clear that injured workers are not getting the help they need. I just don't want to make your situation worse by giving you wrong info.Please ask these questions to a professional. You have important benefits at stake.

That’s pretty much exactly what happened. There are two I&A officers that are normally there when I have questions to ask. One is more helpful than the other. I don’t bother with calling anymore because it can take several hours to get through, then they don’t provide any useful information.

I’m not frustrated with I&A, I’m sure the information they gave me pertains to normal cases. It seems simple enough that I could just bring my evidence to the hearing. It was an expedited year for ttd because the I&A officer helped me file it.

I’m more concern with the judge requesting to see a doctors report that says ttd and gives exact dates. He wasn’t planning on looking at what I brought even if I had it since I didn’t submit it to the IC. I’m not sure if the IC provided him with my files because he argued more than the IC.

The only argument the IC made was that my examination was not done by ptp so they’re not valid. The judge just seemed to agree with it. I’m not sure if he’s sent the reports but the IC and the employer have both been falsifying records to their benefits.

The judge and assistant chief of claims wanted to see if the qme will report ttd and they can start the benefits. The new qme has restrictions that even if I was still working, I don’t think they can accommodate it.

I was curious if I don’t have a job anymore, am I entitled to ttd if the qme reports shows restrictions?

I’m just waiting on the full report so I can get an attorney. I think one of the reasons I’ve been turned down was that the first qme report did not have a rating.

If your examination was not done by a PTP who did them? If your claim is accepted you need to treat within the medical provider network. This may be why those reports are not being considered. However if you were not properly notified of the MPN or your claim was denied and you had to seek treatment by a non MPN doctor that may be a way to treat outside of a MPN, but a judge has to make that decision. If your TTD notes were being done by a nurse for example, that is also a problem.

If the insurance company is not being copied on your doctors reports, you can fax or mail them a copy or give them the doctors contact info and they can subpoena the and/or ask the doctors office to copy the insurance company.

The judge does not usually receive your entire file at an expedited hearing that I am aware of. I think he receives what the parties list and provide. The same thing with a QME. I would not rely on your adjuster to send all of the records you want the QME to review. They should send you a exhibit list of records. If there are missing records you want the QME to receive that are not on the list you need to add them to the list and send back to adjuster who has 20 days to object and if they do not you can send those records to the QME.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#6
I don't know if you are entitled to TTD right now with your situation as you were let go. The judge will need to make that decision since it is in dispute. If you are able to work I highly recommend attempting to look for work that you can physically do. The work comp system's benefits are limited.

If your doctor believes you are too injured from working any job for at least a 12 month period you can apply for SSDI. This can take years to receive and it is also a slow process. You can also apply for SSI. Both at the social security office.

If you are running out of money and food etc you can also apply for Cal fresh (formerly food stamps).

https://www.getcalfresh.org/?source=g2&g...gKinfD_BwE
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
Reply
#7
(11-25-2018, 11:01 PM)California_Help Wrote:
(11-24-2018, 07:36 PM)Lostandconfused Wrote:
(11-24-2018, 06:38 PM)California_Help Wrote: Sorry about the typos. I am horrible at typing and the edit feature is not working.

Just to reiterate the things I post are from my own experience as an injured worker and it has been a number of years since I filed for hearings. I am not an expert and I am responding to you off of very limited info. Please check with an attorney or I&A officer about these important issues. I answer basic questions when I can to try and help injured workers in California. The questions you are asking are not basic and really should not be answered on a message board. I know you are "lost and confused" with this system as most injured workers are, and even myself. The help now with I&A seems like a hit and miss. Reading your post it is clear that injured workers are not getting the help they need. I just don't want to make your situation worse by giving you wrong info.Please ask these questions to a professional. You have important benefits at stake.

That’s pretty much exactly what happened. There are two I&A officers that are normally there when I have questions to ask. One is more helpful than the other. I don’t bother with calling anymore because it can take several hours to get through, then they don’t provide any useful information.

I’m not frustrated with I&A, I’m sure the information they gave me pertains to normal cases. It seems simple enough that I could just bring my evidence to the hearing. It was an expedited year for ttd because the I&A officer helped me file it.

I’m more concern with the judge requesting to see a doctors report that says ttd and gives exact dates. He wasn’t planning on looking at what I brought even if I had it since I didn’t submit it to the IC. I’m not sure if the IC provided him with my files because he argued more than the IC.

The only argument the IC made was that my examination was not done by ptp so they’re not valid. The judge just seemed to agree with it. I’m not sure if he’s sent the reports but the IC and the employer have both been falsifying records to their benefits.

The judge and assistant chief of claims wanted to see if the qme will report ttd and they can start the benefits. The new qme has restrictions that even if I was still working, I don’t think they can accommodate it.

I was curious if I don’t have a job anymore, am I entitled to ttd if the qme reports shows restrictions?

I’m just waiting on the full report so I can get an attorney. I think one of the reasons I’ve been turned down was that the first qme report did not have a rating.

If your examination was not done by a PTP who did them? If your claim is accepted you need to treat within the medical provider network. This may be why those reports are not being considered. However if you were not properly notified of the MPN or your claim was denied and you had to seek treatment by a non MPN doctor that may be a way to treat outside of a MPN, but a judge has to make that decision. If your TTD notes were being done by a nurse for example, that is also a problem.

If the insurance company is not being copied on your doctors reports, you can fax or mail them a copy or give them the doctors contact info and they can subpoena the and/or ask the doctors office to copy the insurance company.

The judge does not usually receive your entire file at an expedited hearing that I am aware of. I think he receives what the parties list and provide. The same thing with a QME. I would not rely on your adjuster to send all of the records you want the QME to review. They should send you a exhibit list of records. If there are missing records you want the QME to receive that are not on the list you need to add them to the list and send back to adjuster who has 20 days to object and if they do not you can send those records to the QME.

It was done by ptp within the mpn. The defense attorneys just assumed it was done by the doctor that gave me the adjuster. There are two doctors that I see every month. The ptp that examines me and the doctor that gives me meds, they both sign the reports.

I’m not sure what and when they submitted to the qme. The first package was sent exactly on the 20th day before my appointment and I had objected to the non- medical records. After my hearing, when I found out that my claim has been accepted for quite some time, I receive a different package and it gave me ten days to object. There was less then 10 days before my appointment but the package was predated back to the 20th day.

It was so close to my appointment that I elected not to object because I wanted them to send the subrosa videos anyways. I felt if they didn’t send it before my appointment, they will surely send it afterwards to try and get the qme to his mind.
 
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