Many practitioners handle claims venued at multiple WCAB locations. While the Labor Code is applicable to all venues, local rules and procedures may vary at different WCAB offices. This can make walk-through of settlement documents frustrating. The purpose of this article is to assist claim handlers in understanding these differences and hopefully facilitating approval of settlement documents. Easy to follow checklists for guidance at many Southern California venues are posted on the firm’s website at www.TIDLAW.com on the News & Events page.
In preparing for a walk-through, it is important to ensure that all necessary documents are included with the fully executed settlement agreement. If required, all necessary EAMS forms, including a separator sheet for each document should be included. The supporting medical record should also be included.
An important item to know is the local WCAB’s requirement as to when to serve the settlement documents prior to appearing. For instance, the Los Angeles WCAB requires the documents to be served in unrepresented cases at least two weeks in advance of the walk-through. At the San Diego WCAB there is no requirement other than a proof of service must be included in the walk-through package. The Long Beach WCAB requires service on all parties prior to the walk-through. While not all WCAB offices require a proof of service, it is recommended to include one so as to avoid possible rejection of the documents.
Some Boards require filing of the settlement documents prior to the walk-through if there are unassigned case numbers. Currently Anaheim and San Bernardino have this requirement.
Please visit our website’s News & Events page for the complete checklist and breakdown for various Southern California WCAB offices. These checklists are intended as a general guide. At times procedures may vary between individual judges. Local practices and procedures do at times change, so please contact any of our attorneys for the most current information.
Disclaimer: This newsletter is provided to share knowledge and expertise with our colleagues with the goal that all may benefit. The content of this newsletter is for general informational purposes only and is not intended to serve as legal advice or as a guarantee, warranty, or prediction regarding the outcome of any particular legal matter. Nothing contained within this newsletter should be used as a substitute for legal advice and does not create an attorney-client relationship between the reader and Trovillion, Inveiss & Demakis. Legal advice depends on the specific facts and circumstances of each individual’s situation. You should not rely on this newsletter without first consulting with a qualified, licensed attorney.