Newark, CA asked in Workers' Compensation for California

Q: After voc exam on a 5 year workers comp case what is next? Trial? Will I need to be there? No settlement offer

I'm confused all has been done just waiting for what ? 5 year workers como case and might need a trial ? What is trial for ? No offers at all please help I've been struggling

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1 Lawyer Answer

A: If you had an interview with Vocational Expert, then you have a lawyer: you'll be paying that lawyer Thou$sand$ and you should insist on a brief face-to-face meeting to know the next 3-4 steps... for the thousand$ you'll be paying this person, they owe you that. That said, THE INSURER HAS NO OBLIGATION to make any offer. The insurer can literally just wait until you die. You and your attorney should have a plan to formulate two settlement demands: one that closes out all benefits for a lump sum, the other that resolves the permanent disability and any late payment / late denial claims (keeping future medical open). IF there is no rateable QME nor rateable MPN Treating doctor's report with current Activities of Daily Living outlined and a Whole Person Impairment finding, you need those before even thinking about trial.

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