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California Worker’s Comp.; PD Award after DEU

Anaheim, CA |

California Worker’s Comp.; I am pro per. My Judge, just got my case back from DEU; she now has 90 days to issue my PD Award; I don’t have 9 days; what are my options to get the award much sooner?

Attorney Answers 5

Posted

You can ask the Judge to expedite your F&A, but I do not know of any legal authority that would require her to issue it before the statutory period.

This communication does not constitute "legal advice", nor does it form an attorney-client relationship.

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Nancy Emiko Jacobs

Nancy Emiko Jacobs

Posted

You 90 day reference did not sit right with me so I looked it up: LC Section 5313 states: The appeals board or the workers' compensation judge shall, within 30 days after the case is submitted, make and file findings upon all facts involved in the controversy and an award, order, or decision stating the determination as to the rights of the parties. Together with the findings, decision, order or award there shall be served upon all the parties to the proceedings a summary of the evidence received and relied upon and the reasons or grounds upon which the determination was made. So you should get your F&S much sooner than the 90 days anticipated.

Asker

Posted

Thanks for looking it up. I have “Hardship Issues”; could I ask the Presiding Judge?

Nancy Emiko Jacobs

Nancy Emiko Jacobs

Posted

You can ask, but there is no guarantee that they will comply. I would contact the I&A officer at your Board for assistance in requesting an expedition on your F&A. (If you found my responses helpful, please remember to mark them as such. Thank you.)

Posted

She may issue it in 60 days, but the statute allows 90. They are all over-worked, so I would not get my hopes up for an early arrival.

I represent Employers, but I can recommend Worker Attorneys in So Cal if you ask.

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Asker

Posted

Are you saying she can not issue it before 60 days?

George Ellis Corson IV

George Ellis Corson IV

Posted

She COULD issue it in a month, but I am saying that 60 days is optimistic. The Insurance Company probably has 15 days or so to request a Cross-Examination of the DEU Rater, so it cannot happen in much less than a month from Trial.

Brett A. Borah

Brett A. Borah

Posted

Chances are slim that you will get it in less than 90 days.

Posted

Unfortunately the law allows for the judge to take that time. Perhaps you can approach the information and assistance officer at your venue and ask them if they would approach the judge to request the judge to expedite the matter. But again if somebody already mentioned there is no longer requiring them to do that.

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Posted

I'm a bit unclear about your situation. Did you actually go to trial on your case, or did the judge ask the DEU to rate a report which was the basis of a settlement? If you went to trial and the judge issued rating instructions, and you just got the rating, both sides have time to object to the rating and move to strike it or to cross-examine the rating specialist. After that time, the case would stand submitted and the judge's 90 days would start to run.

When you say you don't have the 90 days, what do you mean? If you are not working, you probably should be receiving permanent disability advances, depending on the rating and on how much was previously advanced. If nothing has been advanced, a call from the Information & Assistance officer may get you some retroactive payments.

Of course, if you actually have an attorney, you should be asking your attorney about this.

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Posted

You have to wait. Plus, remember that the insurance company has a due process right to appeal the WCJ's decision...and so do you. Nothing happens quickly in workers' comp - although it should.

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