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

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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

Posted

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.

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Posted

I did win the Award; my Judge found me 100% PD; but Apportioned 25%; the Award can not be apportioned under LC 4663 or LC 4664, which is the basis for my Recon. 3 of 4 orthopedic reports say all 8 body parts are industrial; my Judge only used the Defense Doctors report, saying only 2 of the 8 are industrial.

Marjory Harris

Marjory Harris

Posted

I believe you posted before about this. The time to have evidence all in order is at the Mandatory Settlement Conference. By trial it is too late to change apportionment opinions in most cases. On recon there are even more problems, as the commissioners do not favor 100% awards anyway unless statutory ones under LC 4662.

Gerald Franklin Batchelder

Gerald Franklin Batchelder

Posted

Okay, you might have a Subsequent Injuries Fund case. But you are way in over your head trying to handle this yourself. Had you been represented by a skilled attorney from the beginning, you might well have gotten the 100% from the trial judge. Now you are in a really complex area, and you just aren't going to get what you want without professional help.

Posted

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.

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I did win the Award; my Judge found me 100% PD; but Apportioned 25%; the Award can not be apportioned under LC 4663 or LC 4664, which is the basis for my Recon. 3 of 4 orthopedic reports say all 8 body parts are industrial; my Judge only used the Defense Doctors report, saying only 2 of the 8 are industrial.

Gerald Franklin Batchelder

Gerald Franklin Batchelder

Posted

Okay, you might have a Subsequent Injuries Fund case. But you are way in over your head trying to handle this yourself. Had you been represented by a skilled attorney from the beginning, you might well have gotten the 100% from the trial judge. Now you are in a really complex area, and you just aren't going to get what you want without professional help.

Posted

It doesn't look good unfortunately.

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Posted

I did win the Award; my Judge found me 100% PD; but Apportioned 25%; the Award can not be apportioned under LC 4663 or LC 4664, which is the basis for my Recon. 3 of 4 orthopedic reports say all 8 body parts are industrial; my Judge only used the Defense Doctors report, saying only 2 of the 8 are industrial.

Gerald Franklin Batchelder

Gerald Franklin Batchelder

Posted

Okay, you might have a Subsequent Injuries Fund case. But you are way in over your head trying to handle this yourself. Had you been represented by a skilled attorney from the beginning, you might well have gotten the 100% from the trial judge. Now you are in a really complex area, and you just aren't going to get what you want without professional help.

Posted

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.

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Gerald Franklin Batchelder

Gerald Franklin Batchelder

Posted

Okay, you might have a Subsequent Injuries Fund case. But you are way in over your head trying to handle this yourself. Had you been represented by a skilled attorney from the beginning, you might well have gotten the 100% from the trial judge. Now you are in a really complex area, and you just aren't going to get what you want without professional help.

Posted

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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