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Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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California Workers Comp.options after the Petition

Resolved Question:

California Workers’ Comp.; What are my options after the Petition for Reconsideration? I am pro per; I just filed my Petition for Reconsideration; I did it and it most likely will fail; there will be no appealable issues and I will not even try a Writ; so what other options will I have? I did not prove 6 of 8 orthopedic body parts; and I did not get 25% of the permanent disability that I need. What can I do; can I re-file; can I get new Doctor reports; is there anything I can do; or is my claim completely over?


 


I did win the Award; my Judge found me 100% PD; but Apportioned 25%; the Award can not be apportioned under LC 4663 or LC 4664,


3 of 4 orthopedic reports say all 8 body parts are industrial; my Judge only used the Defense Doctors report, saying only 2 of the 8 are industrial.

Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello Michael,

If you were to not appeal the case and not file a writ then the case would be closed. You would be barred from refiling a case that is based on the same injury due to res judicata, which prevents you from bringing an identical claim after the claim has already been decided (ruled on in court). So, if you choose not to appeal any issues, your case would be closed and you couldn't refile it, nor would any additional doctor's reports help at that point since the case would be closed.

However, it appears that you do have appealable issues, since the Judge seems to have a defense bias, in only using their report and making a 25% apportionment, which violates labor code sections 4663 and 4664. That said, I would suggest that you appeal if you want to get the full 100% of your PD that you are entitled to. ( The court would need to find an abuse of discretion to overturn the award and give you the full 100% of PD, which is definitely possible, given what appears to be a rather obvious defense bias on the part of your jduge, since you had three reports saying all 8 body parts were industrial, which were simply not considered).

I hope this information is helpful.

Please let me know if you have any follow up or clarifying questions, as always.

Thanks and best of luck!
Joseph, Lawyer
Satisfied Customers: 5047
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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