Asked in Workers' Compensation for California

Q: I have written regarding workmenscomp to several layers listed here, without any replies.Please help.

I was employed by Simi Valley Unified School District, Simi Valley, Ventura Cunty, CA, as a Special Educational Personal Aide from year 2003.

In 2006 and 2012 I was injured at work. No settlement was ever finalised. I am in sweden living with family at this time as I am unable to work and support myself. I am divorsed since 2014

Related Topics:
1 Lawyer Answer

A: IF your treating physician wrote a Maximum Medical Improvement report and the district's adjuster agrees with this medical report , there is a slight possibility the insurer would like to close out this old case with a small lump-sum settlement called a Compromise & Release Agreement. It is like a divorce from the old employer and it's adjusting service (school districts typically use York and Keenan to spend the district's money), where you surrender all possible future rights for a one-time payment, and you may never return to the district for any benefit ever again. ONCE THE ADJUSTER learns you are out of the country and you cannot attend any medical evaluations, the adjuster can just schedule an evaluation, you will not attend, then the adjuster may petition the WCAB Judge for a dismissal for refusal to participate in discovery, and you claim would be dismissed. SO YOU WOULD NEED a local contact and phone in southern california to create the illusion that you would be available for a deposition or a medical evaluation if absolutely necessary...only then would it be cost-effective for the adjuster to offer some money just to make this claim go away forever. DO YOU HAVE a good friend or family member near Simi Valley where you could claim you are staying for the next few months? WOULD YOU ACTUALLY BE ABLE TO RETURN TO CALIFORNIA for a medical evaluation or a deposition if a workers comp judge ordered you attend?

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.