Hayward, CA asked in Workers' Compensation for California

Q: Hello.In WC case, Is there a statue of limitations on defendant party to seek discovery?

If the defendant party is requesting further discovery for improper purpose, such as harass or to cause unnecessary delay to an unrepresented applicant in hopes that evidence of unethical and professional behavior will dissipate or reach statue of limitations, does the defendant party have a statue of limitations before I can request a status conference to request a settlement or seek protective orders or object to the timeliness of their requests?

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

A: At Status Conference is not going to help. It is like a meet and confer. You are already past that point. You need to file for a Mandatory Settlement Conference, which closes discovery. At the MSC defendants can explain the need for further discovery. The WCJ will either allow it, close discovery, or give defendants time up to trial to complete discovery on the issue. If you think it is for an improper purpose then file for penalties under LC 5814, LC 5813.

Hope this helps.

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

A: As long as the insurer is providing any form of benefit, the insurer is entitled to discovery about the injured worker. While discovery is 'closed' at the MSC (mostly), discovery is closed on the precise issue(s) to be submitted to the judge for determination, not on the entire claim. If the injured worker physician writes that a new pain or problem is measured, the insurer has to right to investigate if the new pain is from the original industrial incident or from some other non-industrial cause. The only way to entirely stop discovery is to resolve all outstanding issues with a Compromise & Release Agreement.

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