Recently WCJ recused himself from my fraud case (California)

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Recently WCJ recused himself from my fraud case (California)

Postby sunset Estates on Wed Apr 10, 2019 7:28 am

WCJ stated I was in wrong court and should see district attorney.

Are there any attorneys and is it possible to still do a civil action in CA?
sunset Estates
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Re: Recently WCJ recused himself from my fraud case (California)

Postby LawAdvocate on Wed Apr 10, 2019 8:49 am

Who knows? You haven't provided the facts. Are you within the statute of limitations for a civil action from the date of knowledge of the alleged fraud?

Typically, fraud is a crime and has to be charged by the state, not by an individual. So the WCJ was correct. You provide an evidence packet supporting any alleged fraud to the DA and the DA makes the decision whether or not to charge the alleged fraudulent party.

So your remedy is possibly bad faith against the insurance carrier, employer or a third party administrator. You want an attorney who sues insurance companies in the civil arena if you remain in the statute of limitations to file such an action.
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Re: Recently WCJ recused himself from my fraud case (California)

Postby jpod on Wed Apr 10, 2019 10:11 am

As LawAdvocate says you are mixing remedies - fraud is a crime b/c it violates state laws which (and other jurisdiction's laws like federal, city and county laws) outlaw fraud. The state is the entity that is harmed when someone violates one of it's laws. District attorneys are charged with protecting the state's rights (or other political jurisdictions like a city or county) when a crime has been committed.

The victim of a crime has a civil remedy to sue for their damages in civil court. For example in the case of murder which is a crime, a victim would pursue a wrongful death claim in civil court. The burdens of proof are different too - in criminal court it is beyond a reasonable doubt, which is sometimes asserted to be equal to 90% certain while in a civil case generally the burden of proof is preponderance of the evidence which is equivalent to more likely than not, or 51%.
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Re: Recently WCJ recused himself from my fraud case (California)

Postby 50Cal20 on Thu Apr 11, 2019 9:13 pm

To Sunset Estates: Don't feel bad about the judge recusing himself. Nobody wants to get involved going after an insurance company for fraud. If you don't believe me take a look at the "War Stories" section of this web site's Forum. Click on it and scroll down to "A Great Work Comp Fraud Story." It is definitely worth reading.
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