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  1. #1
    Join Date
    Sep 2009
    Posts
    21

    Default What is Protocol to Remove/Dismiss My WC Case

    What is the protocol to have my case/claim dismissed or dropped.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: What is Protocol to Remove/Dismiss My WC Case

    For what?
    You claimed an injury at work that is cause for your inability to perform your usual/customary job duties... you want your ER/IC to pay the bills for treatment and pay wage loss while you recover.

    Now, you don't believe this to be the case ? You want to assume full responsibility for all your medical treatment, no more weekly wage benefits are due ?

    The claim has already been determined and accepted as industrial, your private health coverage won't pay for treatment, nor will Medicare at this point.

    Notify your CA you no longer wish to demand benefits for this injury, you will pay from now on. You are not intending on claiming any money or indemnity for any resulting PPD/impairment you may suffer as a result of the injury you claim happened at work.

  3. #3
    Join Date
    May 2009
    Posts
    158

    Default Re: What is Protocol to Remove/Dismiss My WC Case

    your ER files the petition to dismiss with the WCAB you would then receive
    a notice from the court giving you info about the petition and when the
    hearing is....
    that is the basics of the process....others here can tell you more...

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: What is Protocol to Remove/Dismiss My WC Case

    It's not actually that simple. While the defense/carrier might attempt to file a petition to dismiss, generally for inactive claims... it would be the rarity for an applicant/IW to do so...
    The rules under Title 8 CCR's are here http://www.dir.ca.gov/t8/ch4_5sb2a8.html

  5. #5
    Join Date
    May 2009
    Posts
    158

    Default Re: What is Protocol to Remove/Dismiss My WC Case

    its very uncommon for an IW to want to dismiss their claim, i may have
    interpreted the question incorrectly...
    its just very rare an IW would do something like this...??

    debborah1,
    is this what you are wanting to do ..?

  6. #6
    Join Date
    Sep 2009
    Posts
    21

    Default Re: What is Protocol to Remove/Dismiss My WC Case

    This claim has ruined my life, I'm homeless, been subjected to verbal, physical, sexual and financial abuse, and now I'm scared and mistrustful of everyone, all because of this case and just don't want to continue the fight, I'd like to move past this toxicity and get on with my life. I know this sends out a red flag to wc board but I'm really done.

    what is a CA

  7. #7
    Join Date
    Oct 1971
    Posts
    3,589

    Default Re: What is Protocol to Remove/Dismiss My WC Case

    Simply don't respond to any correspondence from the carrier, employer or anyone involved in your case, they'll dismiss it eventually.
    In other words, leave em hanging.
    Case Closed.

    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

  8. #8
    Join Date
    May 2008
    Posts
    329

    Default Re: What is Protocol to Remove/Dismiss My WC Case

    what is a CA

    claims adjuster.

  9. #9
    Join Date
    Sep 2009
    Posts
    21

    Default Re: What is Protocol to Remove/Dismiss My WC Case

    Tony, this seems too easy. What are the legal ramifications to ignoring correspondence, etc? I don't want to do anything illegal.

  10. #10
    Join Date
    Oct 1971
    Posts
    3,589

    Default Re: What is Protocol to Remove/Dismiss My WC Case

    You are the plaintiff, you can forfeit at any time.
    Although it may be in your best interest, there's no law that says you have to follow up on your case.
    Without knowing all the facts, there's nothing illegal about not keeping doctor appointments or keeping court dates.
    It wouldn’t kill anything to inform your lawyer or adjuster you want to forfeit, there’s no law saying you have to.
    I’m sure the carrier and employer will love you for it.

    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

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