Serious and Willful Settlement (California)

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Serious and Willful Settlement (California)

Postby Luckyazkd9 on Mon May 13, 2019 10:30 am

I have a Serious and Willful claim and a regular Industrial accident claim. None has been settled. Can a Serious and Willful claim be taken to trial before the settlement of the regular industrial accident claim? If I win a Serious and Willful claim will it affect the settlement of my regular industrial accident claim. My latest AME report is dated April, 2014. May I consider it "stale" and request a current AME evaluation. I have faithfully by letter reported to my PTP, monthly, the physical and mental deterioration which has occurred in the past five years. A updated AME report could increase my rating.

I thank you in advance for any response. Your input has provided me with guidance in the wicked Workers Comp. maze.
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Re: Serious and Willful Settlement (California)

Postby vampireinthenight on Tue May 14, 2019 1:40 pm

In theory you could proceed with the S&W. It depends on if the WCJ will allow it. The judge may balk, thinking if it is all forced to a single trial on all issues, there would be a greater chance of it settling. Some of the S&W value will depend on your ultimate rating of PD, but there would be other benefit values that could be calculated and put some money in your pocket now (if you win). You could also settle the S&W part now if you reach an agreement with the employer.
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