San Jose, CA asked in Insurance Bad Faith for California

Q: Insurance Carrier files an Application for Adjudication of Claim. What establishes "Material Misrepresentations?”

When the Insurance Carrier files a Declaration Under Labor Code Section 4906(h) with the WCAB under “penalty of perjury”, what establishes "Material Misrepresentations?"When would such application be considered defective or void?

The Defendants who filed the adjudication have implicitly allowed material misrepresentations to remain for months with no consequence and has responded that "it absolutely makes no difference what the application for adjudication says." Is this true?

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1 Lawyer Answer
Ronald Mahurin
Ronald Mahurin
  • Point Arena, CA
  • Licensed in California

A: You are focused on the wrong issues. An application is on file. It can be amended at any time within 5 years of the date of injury. Now you have a case number. Defendants are correct in this regard, it doesn't make much difference what is on the application because defendants can always change the information.

Your response is to file an Answer to the Application and assert your complaints and defenses therein, or alternatively file an Amended Application with the correct information.

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