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  1. #1
    Join Date
    Aug 2009
    Posts
    2

    Default Status Hearing in California

    Hello
    I have a "status hearing" scheduled for Monday Agust 17th @ 8:30 am and I dont know if I am required to be there ?
    I called my Workers comp attorney and he has passed awaay and I have none of my records and no one to consult on this does anyone know if you need to attend this kind of hearing ?
    Please Help

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Status Hearing in California

    Did he die yesterday...?
    Is there no one else in the attys office...?

    It would be a good idea, since this is Friday...14th, if you can reach the WCAB and an I&A officer, or a court clerk, explain the situation, and see if the conference can be re scheduled...you are seeking a new atty.

    OR, go yourself... usually all the hearings are scheduled at 8:30am or 1:30pm, (attys/IW's are called in as the schedule permits...), and see what the issues are that need the judges guidance on. That's what a status hearing is for... in your case now, it's to tell the WCAB your ''status'' is the AA died.

    Hearings are not formal, just a room with a atty/judge... only a few people at a time, not like a courtroom for civil court were everyone is sitting there listening to everything that happens.

    Please don't just let the day go by with out contacting the court/WCAB.

  3. #3
    Join Date
    Aug 2009
    Posts
    2

    Default Re: Status Hearing in California

    Im Not sure when he died but I called his office today and they said he died and then I called the attorney that was "suppose" to take over and he has retired and moved out of state and no one could tell me where my case was located now ?
    I am planning on going myslef on Monday the case was started October 13, 1994 and I have been receiving regular chiropractic care since I forfeited all financial monies to receive medical care for the rest of my life with my back.
    I dont have a attorney and the few I have contacted said becuase my injury was so long ago they can not help me. :-(
    I called the court as well but they are on Furlow today so I am going on Monday myself I just dont know what kind of info I am suppose to tell them and if I need a attorney to speak to them.
    I have never had to appear myself in court since the hearings 15 years ago so im a bit nervous. I still have back problems and would like to keep our agreed upon deal but i dont know what the status hearing is and what I should do @ this time ?
    Kristen

  4. #4
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Status Hearing in California

    explain the atty situation to the judge. they will not make an decisions without giving you adequate time to secure replacement representation.

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Status Hearing in California

    October 13, 1994 and I have been receiving regular chiropractic care since I forfeited all financial monies to receive medical care for the rest of my life with my back.
    I dont have a attorney and the few I have contacted said becuase my injury was so long ago they can not help me. :-(
    With the new info now...it would appear you have a stipulated agreement in place... which means, you have ''settled'' your claim. That is what ''future medical'' means. Forfeiting money in lieu of medical treatment would indicate you have/had a very low, to zero impairment/PD rating. What you 'gave up' was probably the C&R money/lump sum offered to close out the claim entirely.

    You are not going to get Chiro for the rest of your life... regardless of what the stips say. ALL treatment since 2004 is subject to the MTUS/ACOEM/ODG treatment guidelines, and the UR/Utilization Review process. "Pallative'' chiro treatments are not usually the recommended course.... If your problems have been since 1994, there is something else going on here. This is one of the main reasons for the changes in SB899 EXCESSIVE CHIRO, and the caps placed on PT/OT/Chiro...new claims are capped at 24 visits.

    You won't find an attorney to help you now... your claim has been resolved, there are no monies for attorney fees. That's why no one will talk to you about accepting your claim.

    The IC has requested the status conference because they want to know what the ... well, why you are still receiving only chiro treatments.
    Status conferences don't always involve a judge... I&A officers can handle these.
    If I were you, I'd be prepared for the IC to compel you to transfer your care and selection of PTP into their MPN/Medical Provider Network. As you are not receiving any more than pallative care... you could see an attempt to close out the medical by court/hearing, or more active use of the UR process.

    Sounds like some CA has let your file slip into the abyss...

  6. #6
    Join Date
    Sep 2011
    Posts
    3

    Default Re: Status Hearing in California

    I also have a Status Hearing coming up in November 2011, and I am new to this. I had to report my legal counsel because of them my case was dismissed and I had to have adjudicated and re-opened in pro per. I have been trying with the help of the I&A officer to contact the insurance company to request a PDA for travel and other expenses because, I have since had to move home to Ohio. I spent about 3 hours today with this I&A officer trying to contact the correct insurance carrier to request the PDA but, was unable to find the correct carrier. I wonder if the I&A officer is deliberately giving me the incorrect information or if he just doesn't care to find out the correct carrier's phone number is for my request of the PDA.

    Also, I have come to find out that I can request a Diversity of Citizenship due to hardship to have my worker compensation case heard here in Ohio instead of having to place myself in a hardship and travel to California for the Status Hearing. I am just right now wanting some kind of information on the best way to handle this up coming Status Hearing, can I get some much needed advice?

  7. #7
    Join Date
    Aug 2011
    Location
    Georgia
    Posts
    800

    Default Re: Status Hearing in California

    forward1112 - I realize you're new on the forum - welcome aboard.

    Please take a moment to look at the DATES of the last post in these threads before you reply to them. Digging Up Bones is a song by Randy Travis, not something everyone in this forum wants to SEE with antique threads.

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