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  1. #1
    Join Date
    May 2009
    Posts
    18

    Default How Do I Close My Workmans Comp Case

    My work comp case was closed in 2009 with stip & award and future medical. It was reopened in 2011 by my attorney. My question now is.... I want to close my case period so how do i go about doing that with my attorney? I know that i cannot C&R it because i still work for the same employer. I have an AME coming up because after all these years the companies attorney has decided that i need to see a AME agreed upon by my lawyer instead of the QME that i've been seeing for the last 6 years and I plan to ask for no more work restrictions because i feel i don't need them anymore and haven't had any pain in over a year. Any suggestions on going about doing this would be helpful.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: How Do I Close My Workmans Comp Case

    your atty can ask that the petition to reopen be dismissed.
    the atty might like a fee for work already performed on the re-open.
    that can't happen unless you are awarded additional disability so the atty is not likely to go along with your request.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: How Do I Close My Workmans Comp Case

    I know that i cannot C&R it because i still work for the same employer.
    If the PD indemnity based on your PD/WPI rating has been paid out, there is nothing to settle but the future medical. No guarantee of that happening, the carrier is free to wait that out and see just what you need in additional treatment. Cashing out the medical would in fact be a C&R.
    I plan to ask for no more work restrictions because i feel i don't need them anymore and haven't had any pain in over a year.
    If you are not seeking additional medical, you are no longer experiencing any symptom/pain from the injury, there is no medical to cash out.

    Your atty can send a 'demand letter'... you may receive a stipend cash offer to C&R.

  4. #4
    Join Date
    May 2009
    Posts
    18

    Default Re: How Do I Close My Workmans Comp Case

    Thanks for the replies :0) I am not asking for a C&R because I do not plan on leaving my employer. I want to halt the re opening. I have just let go of my attorney because he is not working in my best intrest. I guess the question better put is that now that I am on my own with this how do I myself dismiss the reopening? Do i send a letter to the company attorney and claims handler? How do i go about doing this?

  5. #5
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: How Do I Close My Workmans Comp Case

    Quote Quoting warmsummer2 View Post
    Thanks for the replies :0) I am not asking for a C&R because I do not plan on leaving my employer. I want to halt the re opening. I have just let go of my attorney because he is not working in my best intrest. I guess the question better put is that now that I am on my own with this how do I myself dismiss the reopening? Do i send a letter to the company attorney and claims handler? How do i go about doing this?
    written notice to the court with proof of service on the defense atty.
    rules for the comp court are here:
    http://www.dir.ca.gov/t8/ch4_5sb2.html

    P.S. if it's not already been done you need to formally dismiss your atty:
    http://www.dir.ca.gov/dwc/Dismissalofattorney.pdf

    forms are here
    http://www.dir.ca.gov/dwc/forms.html
    Last edited by .SH; 05-19-2012 at 09:32 AM.

  6. #6
    Join Date
    May 2009
    Posts
    18

    Default Re: How Do I Close My Workmans Comp Case

    Thanks .SH.... I see the form for dismissal of attorney but can't find the form for dismissal of reopening

  7. #7
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: How Do I Close My Workmans Comp Case

    Why was your claim reopened?
    Even if you don't dismiss...you are entitled to medical care, no C&R is necessary.
    If you do cancel the reopening now... and the reason for reopening is/was to add body parts, you will forgo that as well.
    Contact an I&A officer for help now that you've dismissed your atty.

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