California Workers’ Comp.; What are my options after the Petition for Reconsideration?

Asked 8 months ago - Anaheim, CA

California Workers’ Comp.; What are my options after the Petition for Reconsideration?

I am pro per; I just filed my Petition for Reconsideration; I did it and it most likely will fail; there will be no appealable issues and I will not even try a Writ; so what other options will I have? I did not prove 6 of 8 orthopedic body parts; and I did not get 25% of the permanent disability that I need. What can I do; can I re-file; can I get new Doctor reports; is there anything I can do; or is my claim completely over?

Attorney answers (5)

  1. Marjory Harris

    Pro

    Contributor Level 14

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    chosen by asker

    Answered . You cannot refile the same case -- it will be res judicata (already decided). New doctor reports will not help unless you won case and have right to reopen (injury within 5 years from date of Award of permanent disability). I cannot say claim is completely over as I do not know what if anything was awarded.

  2. Daniel W Epperly

    Contributor Level 13

    3

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    Answered . Questions of fact are not a good subject of a Petition for Reconsideration unless the trial judge made a decision that had no factual basis. Whether or not you suffered orthopedic injury to a body part is probably a question of fact. As such, you are right about the chances of your Petition for Recon.

    There is possibly other ways to get more PD. I'm not sure if you filed a cumulative trauma or if you still work for the same employer? I'm not sure what your medical-Legal report (s) say. You should have an attorney evaluate your case. Even if none of the above options work, a WC attorney most likely can negotiate a better settlement than you can do yourself. Consider consulting an attorney.

  3. Greggory Mark Field

    Contributor Level 11

    3

    Lawyers agree

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    Answered . It doesn't look good unfortunately.

  4. Gerald Franklin Batchelder

    Pro

    Contributor Level 13

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    1

    Answered . I'm not sure we are really understanding your situation. It sounds like the judge found injury to two body parts, but not the other six? I don't know what you mean when you say, "I did not get 24% of the permanent disability that I need." Why do you "need" a particular percentage of disability? Perhaps if you clarify what your situation is, we might be of more help.

  5. Nancy J Wallace

    Contributor Level 14

    2

    Lawyers agree

    1

    Answered . What can you do?

    Just spread the word that handling your own claim turned out very, very badly for you ... so the next person has the good judgment to hire an attorney specializing in Workers Compensation law to maximize your changes of a favorable outcome.

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