Highland, CA asked in Workers' Compensation for California

Q: F/U question. How do we find out which items r agreed upon prior to the MSC conference? When you don't have an attorney

Can/will a judge use MSC to make defendant begin to cover treatment or basically accept the claim? What is meant by the 2 days? Is MSC a time to ask for everything you think you are entitled too in the "cases entirety" or is it just an initial conference to get things started? If it's a time to ask for everything how can we find out what a fair settlement would be. I'm a bit confused because an MSC seems very FINAL. But is it one of many that will happen throughout the claim? Or is it 1 of 2 conferences that are held? 1 being to determine if claim is WC and the 2nd one held after treatment in an effort to settle? Looking for more detail in how things will proceed on and after that day. Thank you so very much.

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

A: AGAIN: THE JUDGE WON'T ORDER anything except likely a continuance. so AGAIN no treatment is ordered. The time to request everything to which you are entitled IS RIGHT NOW of the defense attorney. When the defense attorney says 'no' then you write down everything that you want the judge to order by using the PreTrial Conference Statement. If it is your conviction you are entitled to Temp Total Disability payments from Jan 1, 2021 through March 31, 2022 you write that in the 'disputes' section. If it your contention you are entitled to Treatment, you put that in the PreTrialConference Statement. If you are incapable of communicating what you expect the judge to hear evidence on and make a Finding of Fact on, you make an appointment with the Information And Assistance Officer at your WCAB to go through a "5-pager" .

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