I have a CA workers comp case dating back to 2008. I was offered a sum for a compromise and release and I countered back.

This means either (1) the adjuster STILL hasn't seen your counter-offer (possible, since all mail goes to a scanning location, sits around for a few weeks, gets scanned then the scan gets emailed to the adjuster, or (2) the adjuster is rejecting the counter-offer, knows you're 2500 miles away so you won't likely file for a trial, and is waiting for the case to go 'dormant' so he can send a Notice of Intent To Seek Dismissal. And, yes, they can do that. The Audit Unit doesn't penalize adjusters for not answering settlement demands. When you write the adjuster, are you making certain to put the State Fund claim number at the top of the letter ? State Fund charts everything by its Claim Numbers. If there was no SCIF Claim Number clear on your demand, it is sitting in a huge pile while some $8/hr clerk slowly plods through to see if she can match your letter to a particular case. That could take 8 weeks !!! Did you ever find this claims adjuster's fax number? I only communicate with State Fund people by faxing. There is no requirement that the adjuster let you know he is unwilling to accept your counter-offer . Your remedy is to file for a trial before the Workers' Compensation Appeals Board in San Diego...BUT you MUST be ready to prove all issues, including permanent disability percentages above and beyond the amount already offered by this adjuster. How long can they wait? The California Labor Code has no specifics, so they can wait indefinitely! When the applicant fails to file for a trial and there is no 'court' activity on a file for a year, the adjuster -- per the California Labor Code -- issues a Notice of Intent to Seek Dismissal for Failure to Prosecute. Then, if the Applicant still fails to file for her trial, the adjuster goes to the Workers Comp judge and requests the entire claim be dismissed for failure to prosecute. So, there IS a great incentive in the Labor Code for the adjuster to just remain silent for a year and hope you forget about the claim and move without a forwarding address! Sad, but true. Find the adjuster's fax -- it's an area "707" phone number -- that goes directly to the adjuster's email. Fax that adjuster every week. Pretty soon, there will be SOME response, even if its just 'no thanks'. And, if the response is 'no, thanks', THEN you need a Certified Specialist attorney in San Diego.

Claims adjusters get very busy, and there is a chance that they simply have not seen your proposal yet. There is also a good chance that they are simply trying to let your case "time out" so that they can request a dismissal. If a case in "inactive" for more than one year, the defense may request a dismissal. I would attempt to contact your particular claims adjuster one more time. If that does not work, I recommend speaking with a workers' compensation attorney. An attorney will be able to assist you with navigating the workers' compensation system and also help you to negotiate the best settlement. In my experience, cases WITH attorneys settle for much more than cases where someone has elected to represent themselves. It's truly in your best interest to have an attorney involved. I realize that you are out of state, but many workers' compensation attorneys will be able to give you a free consultation over the phone and advise you as to your options given the specific facts of your particular case. It's actually a fairly common situation for people to move away during the life of their claim. Don't let the fact that you are in another state prevent you from prosecuting your claim- there are many attorneys out there to help you. You still have just as many rights as you did when you were working in California. I wish you the best of luck!

From my observation, no contributor on the topic of California WC is more knowledgeable than Attorney Wallace. You would do well to heed her advice. Good luck.