Out of country applicant aoe coe (California) (California)

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Out of country applicant aoe coe (California) (California)

Postby lacompfun on Sat Dec 23, 2017 7:54 pm

Scenario:

1. Post Termination case. Timely denial.
2. No Medical treatment. No PQME. No deposition.
3. Applicant leaves USA and likely never coming back.

Question:

1. Does the defense win at trial per above scenario?
2. If applicant returns and shows up at trial somehow is his testimony which is not rebutted enough to prove injury aoe coe?

Seems they need a medical.
Last edited by lacompfun on Sun Jan 14, 2018 7:46 pm, edited 4 times in total.
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Re: Out of country applicant are coe (California)

Postby LawAdvocate on Sun Dec 24, 2017 11:59 am

The Applicant always requires a medical. They are not an expert so they can't testify to an injury. The WCAB would mostly likely order development of the record if the Applicant appears.
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Re: Out of country applicant are coe (California)

Postby chirple on Sun Jan 07, 2018 3:39 pm

You may have to wait the year for SOL to expire.

If the application is filed, wait the appropriate time, send notice of intent to seek dismissal for lack of prosecution and don't forget to follow up and get the dismissal.
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