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Application for adjudication of claim - what's the purpose of filing one for worker's comp? I filed readiness to proceed. It's 2
Anonymous4 views6 answers
Application for adjudication of claim - what's the purpose of filing one for worker's comp? I filed readiness to proceed. It's 2 months have not received responds. What should I do.
Filing the Application stops certain time limits from running on you. It causes the court (the WCAB) to open a file for you. It puts everyone on notice that you have a clalim. The DOR is asking the court (WCAB) to set a court hearing over some issue. Be sure you have an issue and have all your ducks in a row before filing the DOR. If you filed one 2 months ago, you might want to call the Information and Assistance officer at the San Berdoo office of the WCAB and ask for some information and assistance. You might also want to use the "Find a Lawyer" tab at the top of this page to find a top rated WC lawyer in the Inland Empire. If you don't know the game and don't know the rules or the players, how do you expect to win?
I don't think you can file a Declaration of Readiness (DOR) to Proceed without first filing an Application for Adjudication. The Application gets you a case number and the Application must be filed to preserve the Statute of Limitations. What case number did you put on the DOR? Why not hire an attorney?
Gilbert Earl FisherWorkers' Compensation LawyerFresno, CA ·
As a general rule, you file an application to get a case number, and a DOR may not be processed unless you have a case number. In any event, your best bet would be to consult a local work comp attorney, who can get all the details about your case, and best advise you how to proceed to get all the benefits to which you may be entitled. Your attorney can help you properly file an application or DOR, or whatever you need in your case. You can look for an attorney through this site, by clicking the "Find a Lawyer" tab at the top of this page, and then searching for a workers compensation attorney in your city and state. Then browse the attorney profiles, read the reviews, and call around and find someone to help you. Best of luck to you.
I agree with the answers of my colleagues. It sounds as though you are representing yourself. Since the contingentbfee won't exceed 15% (perhaps even lower in Northern California), you should get an attorney.
I agree that it is likely the reason you did not get a date is that you do not have an ADJ or case number if there has not been an application filed. Did you file this with the assistance of the Information and Assistance officer? IF so, they can likely check on the status for you. IF you have problems that you actually need to go to court to have a judge figure it out, you should at least get a free consultation with an attorney prior to going to court.
The San Berdoo board is setting about 10 days after you properly file and serve the Declaration of Readiness, and we a setting about 5 weeks after the date I file the DOR.... so it appears you left off something important. If you never filed that Application you have no WCAB Case Number; no WCAB number, your DOR goes in the trash. cheryl Menzes in the Information & Assistance office is an expert I&A Officer, she can help you get that WCAB Case number and let you know if it's time for your DOR....if you insist on going forward with no attorney (generally a horrific idea).
