How Long Does It Take to Go to Trial if Msc Conference Settlement is Rejected

[SiknTired]

My workers compensation claim was made in the State of: california

I have an upcoming MSC hearing next month. I have run out of all funds and would like to know if at the mandatory settlement conference isnt accepted by me, how much longer if it has to go to trial can I expect to wait? my workers compensation claim was denied by IC and I have not received any benefits other than state disability benefits which have ran out already (i have been off work over a year) i have heard horror stories of cases being dragged on for ten years, five years etc. Yikes.......


any info is greatly appreciated

[.SH]

every court has its own schedule and court calendar; there is no set time.
in california medical treatment is for life.

[SiknTired]

thank you SH.

if a settlement is made for C&R, then would i just get a lump sum for medical or how does that work?

[.SH]

technically any issue can be settled for a lump sum or C&R'd.
practically the carrier wants to close it's case so the whole case -all issues PD, any TD disputes, reimbursements etc. including med is bought out.

[BvIA]

thank you SH.

if a settlement is made for C&R, then would i just get a lump sum for medical or how does that work?

Medical is for life if you have an award. All treatment is still subject to UR process.
While you may be offered cash for future medical...you will not be paid the full value of potential treatment needed. You cannot stipulate to the type or amount of care either.

I am curious why your claim has gone a year without AOE/COE being addressed? Have you been to PQME/AME, do you have an attorney?

[SiknTired]

Hi BvIA, thank you

yes aoe/coe has never been addressed, no depo, no ms rating, no nothing....went from filing adj claim over a year ago by incompetent attorney straight to msc hearing.
the "attorney" sent me to pqme, not AME which i think was strange too.

it would be nice to know what steps i have to go through. the only steps i feel i have taken is from the frying pan into the fire

[BvIA]

the "attorney" sent me to pqme, not AME which i think was strange too.

Not strange... that's the process.
What did the PQME say in his report... either the injury IS work related, or isn't. When you dispute a PQME medical/legal opinion, you file for MSC... if the defense disputes they must file a DOR for MSC. That doesn't mean your atty is incompetant. Only that you may not have understood the process.

went from filing adj claim over a year ago by incompetent attorney straight to msc hearing.

When you reatin an atty... the atty must file the Adj of Claim with the WCAB...or the atty may not represent you at hearing.

it would be nice to know what steps i have to go through. the only steps i feel i have taken is from the frying pan into the fire

There are no steps for you to take... appears you are on track. It takes time to get a PQME evaluation, report. Takes time to get a DOR for MSC scheduled... IMHO... this should have been expediated hearing, which is supposed to be set within 30 days... but that depends on the matter under dispute, as well as WCAB local back log.

What you can probably expect at MSC is an offer to settle the claim, and/or defense finally accept prior to judge intervention. All will be based on the PTP and PQME reports. I don't believe discovery would be closed at this hearing... judge will determine issues, TTD, medical etc if necessary. If there is retro TTD due, you should make sure the EDD/SDI lien is promptly reimbursed so you have those benefits available again if needed.

[SiknTired]

thank you BvIA for your quick and insightful information it is very helpful.......

pqme is completed and said injury is over 50 percent work related...i think defense filed for msc because my attorney did not file it. Is it common for defense to dispute the pqme medical opinion? it was initially my PTP that after treating me for over a year that he came to conclusion that injury was work related and took me off from work. then went to pqme who also believed it is work related.i know the employer will keep appealing, denying or doing whatever they can to make me more miserable. i really think i would like this to go to trial so the judge can see for himself what was done to me.

[BvIA]

What was done to you will have no bearing on your claim.
IF you have not reached MMI and been rated, there won't be any reason for discovery to be closed, or go to trial.

Sounds like you may have a psych claim here... (?)

[SiknTired]

very perceptive BvIA......

so bottom line is whatever atrocities were done, i guess its a no fault deal. If all my doctors even the supposedly "neutral" doctor have sided with me then what exactly is a "trial" for? Will my doctors get called to this trial or do their records stand as silent testimony? if what was done to me has no bearing on my claim then what is the "trial" for?