A Judge is not putting the location of the injury into evidence in a workers comp case. Any law to enforce this as evidence ?

Asked 3 months ago - Huntington Beach, CA

The Judge is not letting the most important part of the case....the "location of injury" into evidence. Since the location is not a work location nor has the supposed employee ever been there prior to alleged injury, it is primary evidence in the case. Are there any laws that can be brought up to bring the evidence of location back into trial. How could it ever be possible that it would be withheld from trial? The claimant doesn't refute the location.

Attorney answers (4)

  1. Gerald Franklin Batchelder

    Contributor Level 13

    7

    Lawyers agree

    Answered . I'm afraid we're going to need more information and explanation before we can hope to give you a meaningful response. If you are contending that the injured person is not an employee, that determination hinges on a number of facts. If you are contending that the injury happened when the worker was off the job, the location where it happened may or may not be important.

  2. Scott Douglas Silberman

    Pro

    Contributor Level 12

    5

    Lawyers agree

    Answered . Usually a location of an injury will come out during testimony. Are you saying that a question was asked of the injured worker of where he claims to have gotten injured and the judge instructed him not to answer that? It seems strange.

    The location of an injury can be important in the context of a claim, the question is really how you get the evidence in. If there is an agreement between the parties you can also stipulate to the location of the injury. I guess some important information here is 1) do you have an attorney? What did your attorney say? If not, were you being assisted by the Information and Assistance officer?

    Feel free to give some more details and perhaps I can try to get you a more complete answer.

    It may be the judge saying that in your case the location does not matter if he was working, but it is likely still evidence in the case.

    Good Luck!

    Disclaimers: Making a false or fraudulent workers compensation claim is a felony subject to up to 5 years in... more
  3. Marjory Harris

    Pro

    Contributor Level 14

    4

    Lawyers agree

    Answered . If no one is disputing you got injured at a certain location, there is no need to have evidence of this. Unless they are contesting the fact that you were indeed injured, it does not matter where it happened.

  4. Nancy J Wallace

    Contributor Level 14

    Answered . Your assertion is impossible, given the Pre-Trial Conference Statement all WCAB Judges require prior to starting the hearing. Look at WCAB Form 24... the location of the injury is listed and if your attorney does not agree to the "at _______" location, the attorney simply lists the location of the injury under "Other Issues."

    If there is an issue the Trial judge refuses to address. YOUR attorney does a Petition for Removal and asks the WCAB regional office to review the trial judge's refusal to stop 'irreparable' harm , such as a trial going forward where the location of the injury would wipe out jurisdiction if permitted to go forward without a finding first of the location of the injury.

    JUST FYI: If the injured worker was in the employment of a California employer, and the employee was a resident of California, and the employment 'contract' was established in California, if the injury occurred on the Moon, the trial would still go forward at the WCAB.

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