Skip to main content
Kyle Karl Charles Tambornini

Kyle Tambornini’s Answers

3 total

  • What is statue of limitations in CA for workers comp and state disability?

    I filed in march 2011, and still pending. Would it be considered out of statue of limitation if i want to proceed with it now? Would it be better to apply again or pursue the old file?

    Kyle’s Answer

    Tough to answer with the information given. You need to consult with an attorney right away. Generally, you need to file a claim with the workers' compensation appeals board within one year. However, there are a number of exceptions that only an attorney can answer after looking at the specific facts of your case. Good Luck.

    See question 
  • Compromise and Release in CA, the settlement you request (and accepted by company) is not the amount you will receive?

    I recently decided to take the compromise and release route for an injury at work over a yr ago. I was offered 17,500. before even given an offer I started receiving a weekly pay amt for permanent disability. I countered my offer at 20,000. They a...

    Kyle’s Answer

    Just tell the adjuster you offer was for "new money" and you are not in agreement to deduct the 5K from your 20K offer. Clearly there was a misunderstanding and the worker's compensation judge will not force you to settle for the 20k if you do not now want to accept the settlement. Generally we do deduct for the PD previously advanced, but the offer should have said so. My question to you is how did you value your claim? Do you have medical insurance to pay for future Medical costs? What was your level of disability?

    See question 
  • Can Small Claims court Judgement be appeal by Plaintiff? Judge give capricious decision.

    Facts: Car accident medical claim, Defendant : Farmers Insurance and defendant, Claim amount $9000.00 (Include Personal Injury, pain and suffering), defendant properly served, Defendant or Farmers Insurance company never showed up for hearing,...

    Kyle’s Answer

    Unfortunately, a Plaintiff cannot appeal and have a new trial. You can file a petition for reconsideration and/or a petition to set aside the judgement based on new facts or that the judge's decision was based on wrong facts or law. A good self help web site is http://www.courts.ca.gov/1072.htm.

    See question