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What to expect at a MSC (Mandatory Settlement Conference)

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This video reviews what to expect at a Mandatory Settlement Conference. If you are an injured worker with a California injury, and don’t have an attorney, this video is intended to help provide an overview of workers’ compensation topics so you can better represent yourself.
Workers' comp cases in California are set for a Mandatory Settlement Conference after the filing of a DOR, and that also starts the timeline for a timely objection by the opposing party. A Mandatory Settlement Conference is generally more determinative than a Status Conference. Discovery may be closed, the case may be set for Trial, and the parties should be prepared to complete the Pre Trial Conference Statement listing all stipulations, issues, exhibits, and witnesses. The most common outcomes of a MSC, after discussion with one another and the judge, often are either to be taken off calendar or continued (either to another MSC or perhaps to a Trial). This video goes through what to expect at a typical MSC.
The video referenced regarding the Stipulations page of the PTCS is at • PTCS Stipulations page
The video referenced regarding the Issues page of the PTCS is at • PTCS Issues Page
The video referenced regarding the Exhibits/Witnesses page of the PTCS is at • PTCS Exhibits and Witn...
Jeremy Lusk is a certified specialist in workers’ compensation with almost two decades of experience, and previously served as a Judge at the Fresno District Office of the WCAB. He has worked out of Fresno, but appeared at numerous Boards to represent both injured workers and employers/carriers.
No attorney/client relationship is created or implied by this video. This video is not offering legal advice as to what you should, or should not, do in your workers’ compensation case, but rather offers education/information as to the California workers’ compensation system for unrepresented workers so they can better represent themselves and make more informed decisions.
If you have any questions, let us know at questions@mywcguide.com

Опубликовано:

10 фев 2022

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Комментарии : 32

@jackcsaffell5641 2 года назад

Thank you for your videos.

@myworkerscompguide 2 года назад

My pleasure!

@gusromero5137 2 года назад

Received copy of MRI Report from my doctor and he explained to me the findings showed I have 2mm bulging disc on L3 - L4 with bilateral nueroforaminal stenosis and L4 -L5 shows 2mm disc bulge and L5 -S1 shows Disc Loss and broad base disc protrusion with bilateral foraminal stenosis and Facet Arthropathy is this a very serious case and how much should I demand to settle my case. The insurance made an offer settlement of $7,500.00 last week and I spoke to my attorney to let her know that this offer was unacceptable and that my injury is worth for my injury. I'm still being treated by my doctor who is requesting injections or maybe surgery.

@myworkerscompguide 2 года назад

The MRI studies need to be correlated to the clinical findings, and the doctors will explain that a disc bulge on its own, especially only 2 mm, may not be significant. It depends on a number of other factors such as radiculopathy, numbness, foot drop, etc. Also, the amount of a C&R will not be based on MRI findings, but rather on whether the case is accepted, what level of WPI is found, apportionment to non-industrial factors, potential TD exposure, and anticipated future medical care (whether any doctors are talking about surgery). As you have an attorney, and she knows your case best, she would be the best person to ask about as to reasonableness of offers and demands.

@lovemyfamily1033 Год назад

That’s bull

@gabrielmacias4466 10 месяцев назад

How much was your case worth?

@ME-ot2ce Год назад

Great video I had a question - if a person is on federal owcp workman's comp and want's to get off it ....can one ask to close the case ( compromise and release ) and then they send one to a medical Examiner to determine the percentage of disability based on the injury and then that dictates how much money will be given ? Or is this sort of how it works ? Or can a person request a amount of money for pain suffering and the extreme changes that the injury has created since it is a lifelong injury ?

@myworkerscompguide Год назад

You might be correct, but honestly, I just don't know. The federal system for workers' comp is very different from California's system. I could only recommend to reach out to an attorney who handles those cases. Best of luck!

@ME-ot2ce Год назад

Okay thank you

@avarora 12 дней назад

If you want to get the opinion of an vocational expert, does that happens before filing for an MSC? If the insurance is still not accepting your disability and you want to retain the services of a vocational expert when that is the best time to do it? How can an unrepresented person get vocational expert testimony?

@myworkerscompguide 11 дней назад

When a DOR is filed for a MSC, there should be a dispute that is ready to go to trial and the party filing the DOR can list the efforts they made to resolve the dispute. If an injured worker wants a vocational expert, that would be obtained before filing a DOR on the level of PD because discovery would not be complete yet. It can be very difficult to prove a 100% case as the defense will often fight that to the end. If you are trying to prove 100% PD and do not have an attorney, I'd strongly recommend reaching out to your local I&A Officer at the WCAB for answers, or reach out to a local attorney for a consultation.

@avarora 11 дней назад

@@myworkerscompguide it's seems to be a very unfair system. Why would a judge would not find 100% total disability when Qme says 100%, when ptp says the same, when the vocation expert says 100%, and all the facts are showing that the person is indeed disabled, and the insurance agreed to pay inhomecare services to a third party to care for the injured worker. I would assume that any normal judge seeing the medical condition and all supporting evidence from all doctors, multiple qme s from different area of expertise,, and vocational expert, and the need of mobility assistance and handicap transport, severe disability prescription medications and ald services to decide that that poor human can ever be employed. Seems unbelievable that any judge can humiliate and condem to slow death such an Injured worker.

@denden01161 Год назад

Will be my first msc, I do have a lawyer here in California. I don’t know what to expect, $ numbers etc, but I do have multiple surgeries and therapies. Still having more surgery, what chance of winning of settlements etc. I did win for workman comp case.

@myworkerscompguide Год назад

Since you have an attorney, you really need to ask him or her what the case looks like and what settlements may be offered. That attorney knows your case best. Best of luck to you.

@CAM62633 8 месяцев назад

Same bro, how did your hearing go?

@denden01161 8 месяцев назад

@@CAM62633 win the case bro, with all documented case of surgeries I have. Lawyer said no brainer, you have the case.

@ChristopherKyle-kt7ub 2 месяца назад

Why did I get a notice MSC after my case settled? the judge is different and it is scheduled 3 weeks after it was filed

@myworkerscompguide 2 месяца назад

I couldn't say in your case. The most common reasons for a hearing after setting with a C&R is that there are outstanding liens, and the case is set for a lien conference, or perhaps a MSC for a cost petition from an unpaid provider. If the case settled with Stips, there can be more reasons. You may want to reach out to the I&A Officer at your WCAB and ask why a DOR was filed.

@ChristopherKyle-kt7ub 2 месяца назад

@@myworkerscompguide It most likely doesn't concern me then?

@myworkerscompguide 2 месяца назад

@@ChristopherKyle-kt7ub The issue is that I can't tell you what is happening on your case. I can only answer as to how the workers' comp system works in general. If you had an attorney, you should call him or her as your attorney will know. If you didn't have an attorney, you can look at the Notice of Hearing from the WCAB. If it is a lien conference, then it should say on the notice that the injured worker's appearance is not necessary.

@brianbui2460 6 месяцев назад

My first hearing the defense hired their own attorney, my 2nd msc got rescheduled until next month. Is this common or what do you think it’s going on? Is this all happening in my favor? It’s a telephone conference btw

@myworkerscompguide 6 месяцев назад

It is fairly common for an insurance company to hire a defense attorney to represent them at a hearing. It is also fairly common for a hearing to get rescheduled. I cannot say if it is happening in your favor or against you. You may want to call the I&A Officer at your WCAB and see if that person can tell you why the hearing was reset. You may also want to reach out to a local attorney to represent you in the next hearing, since you will likely be going up against an attorney with experience in workers' comp.

@tonygee6072 Год назад

I had MSC then it went to OTOC what does that mean ?

@myworkerscompguide Год назад

OTOC is Ordered Taken Off Calendar. It just means it’s not set for another hearing soon. Probably for settlement talks or further discovery

@youngmoney1410 2 года назад

Quick question I have received a offer of 50k from the workers comp last month and then I got a MSC letter. My question is can I get less then the 50k offer or is that I good starting point for negotiations. And my 2nd question is how much higher should I ask for to start making negotiations 150k or 2x or 3x there offer ??

@myworkerscompguide 2 года назад

There is really no way for me to answer that question. My recommendation is that you talk to an attorney, assuming you don't have one. Consultations are free. If you have a MSC coming up, I recommend looking for an attorney sooner rather than later. It's possible that $50,000 is a very generous settlement offer. It's also possible that it should be several times higher. There is no way to know without meeting with you, going through the medical reporting, discussing your plans, reviewing notices, etc.

@notarant5107 2 года назад

Is a settlement conference the same as a MSC

@myworkerscompguide 2 года назад

Generally, yes. A MSC is a Mandatory Settlement Conference. The only other conferences are lien conference, status conference, and a priority conference. So in workers' comp when we refer to a settlement conference, we're referring to a MSC.

@notarant5107 2 года назад

@@myworkerscompguide what is it called for a *personal injury* lawsuit?

@myworkerscompguide 2 года назад

@@notarant5107 So personal injury lawsuits take place in Superior Court in California, and they have a completely separate system. They have Case Management Conferences as well as settlement conferences. My videos are all aimed at workers' comp cases before the WCAB.

@notarant5107 2 года назад

@@myworkerscompguide Oh, I see. Thanks for letting me know

@myworkerscompguide 2 года назад

@@notarant5107 happy to help inform.