California Workers’ Comp., question; I am pro per. Reconsideration

Asked over 1 year ago - Anaheim, CA

If I can get a small part of my new Award through commutation; am I in any way agreeing to the Award; that I am petitioning for Reconsideration?

Additional information

You are all very helpful; and correct. I in no way know the Law like my Judge. I am trying to have it both ways; but I must have some money now; or move out into the streets. At the MSC, at the Trial, I showed; without question; that the Apportionment in the Doctors report, in no way complies with LC 4663 and / or LC 4664. The Defense did not even offer a LC 4663 or LC 4664 argument. But for whatever reason, my Judge applied the Apportionment anyway. And for the record, the apportioned body parts are from the same injury and the same Employer; so the Apportionment would not even apply under the old law. Slam dunk; overstatement; but I like my chances.

Attorney answers (4)

  1. Brett A. Borah

    Contributor Level 20

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    Answered . So you want to have your cake and eat it, too? You don't like the judge's decision and are appealing it but you like it enough to want to cash it out? This is not making a whole lot of sense to me. You can jump right or you can jump left but you can't jump both ways at the same time.

  2. Marjory Harris

    Contributor Level 14

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    Best Answer
    chosen by asker

    Answered . I do not understand this: are you disputing the Award and appealing it through reconsideration? If not, you can file a petition for commutation. See link below.

  3. George Ellis Corson IV

    Contributor Level 20

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    Answered . I think I get it. You are asking for more total money, but you need part of the undisputed value commuted to present. Technically, you can commute part of the settlement, but the commuted value off the total award is going to be a guess since it is not final.

    You have created a separate and distinct problem. The Judge loses jurisdiction while the matter is referred to the Reconsideration Unit. The Reconsideration Unit COULD calculate/review/approve/deny the the commutation if they had 2 more Commissioners and 500 fewer files, but it is unlikely. What is more likely is that the matter will be returned to the WCJ after you win/lose, and you will have to ask the Judge for the Commutation in 3 or 4 months.

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

    Contributor Level 13

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    Lawyers agree

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    Answered . Are they paying PD payments to you now? Was there a period when they did not pay you anything, and for which they have not gone ahead and picked it up retroactively? Are you back to work for the same employer making at least 85% of what you were making before, or are you working at a new job somewhere else, earning at least as much as you used to? The answers to these questions will have a lot of bearing on whether you can pressure the insurance company to pay you some money now while your case is on reconsideration. The other possibility is to ask the adjuster to voluntarily make a permanent disability advance to you.

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