Hello There, Guest! Login Register
Index    |     Search    |     Members    |     Help

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Trial briefs
#1
After three hearings and two trial dates, my trial has finally finished. The said i will get a decision within 60 days.

She mentioned something about skipping trial briefs or walk through because I did not have an attorney. Is it more work for the judge to make a decision or if the parties agree on the issue? The judge said that if it was an expedited hearing then it would have been easier to make a ruling. I got the impression that I shouldn’t be at trial for benefits.
 
Reply
#2
Going to trial is always more work and more costly on the court than if the parties come to an agreement on their own, which is the case most of the time.

I wish you good luck.
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
#3
(06-06-2019, 11:05 AM)California_Help Wrote: Going to trial is always more work and more costly on the court than if the parties come to an agreement on their own, which is the case most of the time.

I wish you good luck.

The trial is finished. The employer was arguing that I violated the handbook a month prior to my injury and they were just waiting for the doctor to release me back to work. They said that they would have accommodated my restrictions had I not been terminated. They also said that I acknowledged that I had violated the handbook.

The handbook had my initials on every page except for the section that the employer accused me of violating. That page is not from the same handbook and it does not have a procedure for what they accused me of. They argued that it is not in the California handbook but it is in their other states handbook.

They couldn’t provide and evidence that said I was terminated for fraud or anything documents that said I was being investigated. They claim it was verbal termination.

The defense attorney wanted to complete the stipulations page. Is this a good sign that I can win? I don’t see why he would want to fill it in if he thought he’s going to win.
 
Reply
#4
https://www.dir.ca.gov/dwc/FORMS/EAMS%20...10214a.pdf


Do you mean this document? If you signed this document and if signed by a judge your case is settled with a stip I would assume. This means you keep your medical open and remain in the work comp system for medical treatment. Did you keep a copy and review it with I&A officer before signing?


You will need to wait on the judges decision. I don't know what you mean by win. You had a lot of issues you were litigating including back payment of TTD. No one can guess what happened.

My personal opinion is that it is not a win to remain in this system with a stip, unless you have no other avenue/insurance to cover the injury. This system is very difficult to receive medical treatment due to multiple layer review process that I believe most doctors do not navigate very well. This results often times causing harm to the patient. I have posted my opinion on this in the past.Every patient has a different experience with this as not all wc carriers are the same.
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
#5
(06-06-2019, 07:33 PM)California_Help Wrote: https://www.dir.ca.gov/dwc/FORMS/EAMS%20...10214a.pdf


Do you mean this document? If you signed this document and if signed by a judge your case is settled with a stip I would assume. This means you keep your medical open and remain in the work comp system for medical treatment. Did you keep a copy and review it with I&A officer before signing?


You will need to wait on the judges decision. I don't know what you mean by win. You had a lot of issues you were litigating including back payment of TTD. No one can guess what happened.

My personal opinion is that it is not a win to remain in this system with a stip, unless you have no other avenue/insurance to cover the injury. This system is very difficult to receive medical treatment due to multiple layer review process that I believe most doctors do not navigate very well. This results often times causing harm to the patient. I have posted my opinion on this in the past.Every patient has a different experience with this as not all wc carriers are the same.

https://www.dir.ca.gov/dwc/FORMS/WCABForm24.pdf

This one. Page 2. It was left blank at MSC hearing. I had asked the Defense attorney several times to meet at the wcab so we can complete it but he wanted to wait until after trial and schedule a court date with the judge.
A few weeks before the trial, he sent me my paycheck stubs and his calculations for AWW. It wasn’t far off my numbers so I told him I’m fine with it. The judge said there’s no reason to complete it if we both agree on the amount so we can work that out on our own.
I just didn’t think the defense would waste time to complete that portion if they felt they have a high chance of winning.

My medical is open and I have to see specialist and get several tests done before the qme gives his opinions. All medical treatment were denied during the trial process but I’m hoping they will no longer contest them. The QME said that I can get better with treatment and he’s suggested several treatments.

I’m hoping I can find an attorney now that trial is over. I’m not mmi and I’ll need one in case they deny my medical treatment in the future. I told the defense attorney that I don’t know how to negotiate without an impairment rating and I want to wait until I’m mmi.
 
Reply
  


Forum Jump:


Browsing: 1 Guest(s)