Hearing Notice/Mandated Form? (California)

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Hearing Notice/Mandated Form? (California)

Postby gaiassoul1@yahoo.com on Fri Apr 03, 2009 10:14 am

I was at the WCAB yesterday, our notice of lien conferences is not on pleading paper. It has all of the other mandated language and is titled Notice of Hearing, bolded, font size is 18, and underlined

I was told by two attorneys there is a 1995 case where Iglow & Bacharach(sp??), made case law that it must follow an official format.

I have looked ad nauseum for the case or rule or LC or CCP....please provide me with any authority that the notice MUST be on pleading paper....if it exists.

Thanks,

Ginger
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Re: Hearing Notice/Mandated Form? (California)

Postby jonbrissman on Sun Apr 05, 2009 8:48 pm

Ginger: Don't swallow the hogwash. There is no such mandate in effect today, if there ever was. I located and read the only four Iglow & Bachrach cases published in the California Compensation Cases database, and none of them even remotely relate to hearing notice formats. Certainly there was no WCAB en banc decision on the issue. Do these attorneys find it curious that the WCAB does not provide notices of hearing on pleading paper?

Keep on providing notices in the same format to which you have become accustomed. If a defense attorney blows off an appearance based on his contention that the notice was inadequate due to the lack of pleading paper, file a petition for costs and let defendant explain his position to a WCJ.

JCB
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Re: Hearing Notice/Mandated Form? (California)

Postby steve appell on Mon Apr 06, 2009 8:58 am

An official format for hearing notices ?
I have never heard of such "POOP."
Steve

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Re: Hearing Notice/Mandated Form? (California)

Postby Puzzled on Mon Apr 06, 2009 11:04 am

Is there even a provision for parties to serve notices of hearing to each other now? And if there is, what is the time frame?
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Re: Hearing Notice/Mandated Form? (California)

Postby gaiassoul1@yahoo.com on Mon Apr 06, 2009 1:31 pm

I walk my DORs through the WCAB so that I can set five at a time and handle as much business as possible, so that is why my client sends the notices...because it is a requirement of walk-through.

As far as giving notice, given the (don't shoot the messenger) state of EAMS more defective notices go out then ever because parties appear and disappear with the frequency of a dog marking its territory.

IF I want everybody to show up and I have time, once I receive the WCAB notice, I notice all of the parties I want there, otherwise the number of no-shows just goes through the roof and when you are a lien rep, that means you are broke.

By the way Steve, thanks for that cite...I will use it....LOL.
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