Addenda to DOR for Exp Hrng (California)

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Addenda to DOR for Exp Hrng (California)

Postby art... on Thu Mar 05, 2009 11:48 pm

I believe I once knew the answer to this, but since accidentally mistaking my Sonicare toothbrush for a Q-Tip one (mentally) foggy morning several months ago, my mental acuity has suffered. Thanks to my ongoing opiate induced tinnitus the 40,000 vibrations per minute from the Sonicare weren't readily noticeable and my right temporal lobe was treated to several minutes of the same ride a qt of enamel gets in those paint can shaking mixers. In fact, it was only my realization that the Q-Tip in my mouth wasn't actually a tasteless form of miniature cotton candy that I realized my error.

Although marginally increased from the legacy version, the current form still doesn't allow an abundance of space for an IW to delineate the material facts warranting their request. On the other hand, if/when the defense files an objection to the IW's request, they have considerably more space at their disposal to present their case. Twenty-five words or less vs nearly unlimited discourse.

Assuming they stay focused on relevant facts and details, avoiding rhetoric or complaints, is attaching a clearly identified addenda sheet to the initial DOR permissible?

Secondly since the court reviews both the IW filed DOR and the DA's objection and weighs the merits of both parties assertions, how can the IW rebut inaccurate and/or incomplete thus misleading assertions made by the DA in their objection? Given the protracted calendering delays already extant, having the court, based upon questionable claims by the DA, schedule a status conference in lieu of an Exp Hrng simply drags things out further.

Any thoughts, advice or information will of course be deeply appreciated.

Later...
"Things are more like they are now than they ever were before."---Dwight D. Eisenhower
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Re: Addenda to DOR for Exp Hrng (California)

Postby postscript2 on Fri Mar 06, 2009 10:03 am

Hey Art!

I once got my fingers stuck in a mixer, trying to pry out donut dough, while the machine was still on... Try listening to "Beck's Bolero" ten times back to back and your hearing should be about normal again!

I'll look up the form for you on the DWC web site. What's good for the goose is good for the gander. I also think you should call the I&A Officer to discuss this. It just may get you through...

Take care and do drop in from time to time, OK?

LCS :)
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Re: Addenda to DOR for Exp Hrng (California)

Postby postscript2 on Mon Mar 09, 2009 2:31 pm

10250.1 DOR:

I see that the space is limited for the reason requesting the conference; however I tried calling the I&A 800# and got no where--sorry!

I see nothing that prohibits you from stating as briefly as possible the facts such as "delay in medical treatment for 5 years," etc. and then on the bottom line of the text box insert "See Adendum "A."

When you submit an adendum, be certain that your name and ER's name appear as well as your WCAB #'s. Title the page as Adendum "A" and then proceed with your requests in more detail. This used to be very common practice. It may not even be necessary, but worth a try.

Wish I could be of more help. I don't know how EAMS works, but here it is a nightmare (from my own atty)... Make sure to emphasize that you are representing yourself. The defense only has 10 days to object from your initial filing.

Good luck and take care,

LCS ;)
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Re: Addenda to DOR for Exp Hrng (California)

Postby chirple on Fri Mar 13, 2009 7:20 pm

You do not need to "explain" your issues on the DOR. Doing so only gives the defense more things to shoot at or object to.

Just check the box. If it's medical treatment, check the box. Good faith efforts note: employer/carrier has refused authorization for treatment recommended by PTP or AME or QME (or whatever).

Do NOT explain. You are requesting a hearing, not stating your case.
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Re: Addenda to DOR for Exp Hrng (California)

Postby art... on Fri Mar 13, 2009 9:22 pm

chirple,

Thanks for your reply. I understand your logic and would be content (and have been) to keep things short and sweet, it's just that in weighing the "evidence" as to whether or not to grant my request for an Exp Hrng, the WCAB sees a pittance from me and a wealth from the DA. Thus they often prevail and either no hearing is granted or just a Status Conference is granted which then results in a trial being scheduled when the SC fails to produce results. I'm just trying to "Expedite" the process... ;)

(And thanks PS, but we've spoken so you know that...)
"Things are more like they are now than they ever were before."---Dwight D. Eisenhower
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Re: Addenda to DOR for Exp Hrng (California) (California)

Postby postscript2 on Fri Mar 13, 2009 11:15 pm

Art:

Thanks for talking! I tried to send you a "PM..."

Don't know if it worked, but none the less, thanks!

Take care,

LCS ;)
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Re: Addenda to DOR for Exp Hrng (California)

Postby chirple on Sat Mar 14, 2009 9:36 am

Art - sorry you have had a different experience than me. I understood that they have to set the expedited hearing, even over objections of the defense, and the only reason the defense even objects is that if they do not object, they waive their objections.

Well, good luck.
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Re: Addenda to DOR for Exp Hrng (California)

Postby rosellavera on Sun Mar 15, 2009 4:43 pm

Hey Art,

About a year ago when I was working on the applicant's side I would file Expedited DORs, but on the day of the hearing I would go prepared with my "position statement". I felt I could argue better in writing than verbally. I never ran into any resistence from the defense, and some WCJ's welcomed my mini brief. One WCJ in Oxnard read my position statement and looked at the DA and said "this is a no-brainer, pick up TD". Hope this helps.

Rose
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