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I have a workmans comp hearing coming up, if there is no settlement and both parties cant agree can a judge deny me a trial ?

Van Nuys, CA |

I was told that a judge can deny me a trial hearing even if both parties cant come to an agreement. Isnt it my right to be granted a trial hearing for my W.C. case if i ask for my case to go to trial?

Attorney Answers 3

  1. Best answer

    Note I do not practice workers' compensation law.

    Your friend has it completely backward. If the parties do not settle, there will be a hearing that will resolve the case. If parties settle, there will not be a hearing because the case was resolved by the settlement.

    *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

  2. The Judge might continue the case to another date if all necessary medical reports are not available, or someone's deposition is required. This is to make sure that there is proper evidence to make a decision, but the Judges are usually not happy when parties come in without all the evidence. It is unlikely that the Judge will deny you a Trial, but more likely that it will take 2 or 3 appearances to see a Court Reporter. There are usually 6-8 Trials on any given day, and only time for 1 or 2. That frustrates everyone involved.

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  3. I will assume that your case is well established and in the final stages. Regardless, you have a right to a hearing or trial if both parties are unable to reach a settlement agreement. The attorneys involved must have collected relevant evidence that points to the issues at hand. In order to have a trial the discovery process (gathering of evidence) needs to be completed prior to the trial. This would include some form of collecting medical reports, taking of depositions, QME or AME reports, etc. If the parties are not ready than either party may request the judge to take the case off calendar until the parties are ready. You cannot be denied your day in court.

    The information provided above pertains to the law and is intended to help the person posting on this site with legal information. But legal information is not the same as legal advice, the application of law to an individual's specific circumstances. No guarantees are made as to the accuracy and applicability of the information provided to the person's situation and legal needs. It is recommended that the person consult with a lawyer in order to professionally evaluate their particular situation.

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