Vallejo, CA asked in Workers' Compensation for California

Q: I have a trial date set & a QME follow up appointment set for months later which my attorney requested.

I thought after the trial the case was totally over. Is this a normal thing in the workers comp system or is this just a way to keep the case going?

Related Topics:
2 Lawyer Answers
Ronald Mahurin
Ronald Mahurin
Answered
  • Workers' Compensation Lawyer
  • Point Arena, CA
  • Licensed in California

A: 1) you should ask your attorney.

2) Yes, this is common if the trial is on issues not related to the upcoming Panel QME appointment.

Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: A trial does not mean the judge has decided every issue and every dispute possible. You should take this up with either your attorney who went to trial or the Information & Assistance Officer with whom you met at Trial. The judge only decides the specific items placed in front of them at that trial date. If there is a QME appointment, it appears that someone -- either you or the insurer -- is challenging the opinion of the primary treating physician and needs medical-legal evidence about your healing status and your factors of permanent disability on each body part in your application. No one ever wants to 'just keep a case going'. But if there is no evidence before the judge on your factors of permanent disability/WHole Person Impairment on each body part, the judge cannot issue a final decision on permanent disability.

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.