What to expect at a Status Conference at the WCAB

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This video reviews how a Status Conference gets set, and what to expect at one. 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 generally set for a Status Conference either at the request of a party, or on the Board's own motion (meaning the judge sets it for a hearing). A Status Conference is generally more informal than a Mandatory Settlement Conference, and is usually used to bring the parties together with the judge to discuss, and work through, some sort of dispute. Status Conferences, after discussion with one another and the judge, often are either taken off calendar or continued (either to another Status Conference or perhaps to a MSC). This video goes through what to expect at a typical Status Conference.
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 сен 2024

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Комментарии : 38

@jackcsaffell5641 2 года назад

As always your videos are precise and very informative. As an injured worker on Workers Comp. I am very glad you are doing these videos. Thank you.

@myworkerscompguide 2 года назад

My pleasure!

@benalexender3046 13 дней назад

Thanks ❤

@myworkerscompguide 12 дней назад

Happy to help inform.

@britneyhouston-escajeda7246 7 месяцев назад

I'm curious I signed settlement papers for WC back in Oct 2023...recieved a summons for conference status next month. I reached out to my attorney to figure out why but its the weekend. Any idea why?

@myworkerscompguide 7 месяцев назад

I couldn't say what the cause is in your case. I could only offer guesses, and that won't do you much good. If the settlement was approved and paid out, it might be set for a conference to deal with some outstanding liens. If the settlement hasn't been approved yet, it might have been set by the judge if he or she has questions about the settlement. If the settlement hasn't been signed by all parties and submitted yet, your attorney may have asked for the conference to help wrap up any loose ends. There are many possibilities, but your attorney has the best answer for you. Check with him or her on Monday. Best of luck to you.

@carlcepada9275 2 года назад

Thank you so much very easy to understand and educational.

@myworkerscompguide 2 года назад

Happy to help. Best of luck.

@Kim-kq8wn Месяц назад

In the middle of DOR hearing process, can a presiding Judge change an assigned Judge without any supporting document on EAMS (per I&A) and any notice to the parties with reason? I already had two hearings with the previous judge who is still serving his duty at my current venue.

@myworkerscompguide Месяц назад

That happens regularly. The only time that I'm aware of that a case must return to the same judge (if possible) is once trial has started and the matter has gone on the record. Otherwise a case can go through multiple Status Conference or MSC judges. Quite common.

@Guerro9219 10 месяцев назад

My hearing went to OTOC after 2 years when do I get my settlement

@myworkerscompguide 10 месяцев назад

A hearing going off calendar (OTOC) is separate from a settlement and it's approval. Once a settlement is signed and submitted to the judge, it is usually acted on by the judge within 15 days. A hearing going OTOC may be related to the settlement, or completely unrelated.

@Guerro9219 10 месяцев назад

I already signed my settlement documents

@myworkerscompguide 10 месяцев назад

@@Guerro9219 The key, though, is when they get submitted to the judge. Once the injured worker signs, then the adjuster or defense attorney need to sign. Then they will often try to get EDD clearance to make sure there is no lien. That may take a few days, or a few weeks. Then they need to get submitted to the judge. From that point it usually takes up to 15 days for review and approval, and then the insurance company has 30 days to pay generally.

@brcey 5 месяцев назад

What is a prehearing conference if you’re already past initial trial? There’s one scheduled before a witness testimony

@myworkerscompguide 5 месяцев назад

I'm not sure. Once trial is concluded there is no more testimony. I've never heard of a prehearing conference after trial before testimony. If you have an attorney, you need to ask him or her. If you do not, I'd recommend calling the I&A Officer at your local WCAB office and asking that person.

@brcey 5 месяцев назад

@@myworkerscompguide okay. I guess it’s just the meeting the parties have to discuss trial plan or resolutions prior to the further hearing/s. My case has 5 doctors testifying for bad faith lawsuit. Dealing with quack doctors who made up things in their reports & insurance was caught lying already. Ridiculous case

@saberasarmin6467 Год назад

Very good information.

@Kim-kq8wn 2 месяца назад

Thank you always for your precious information. Once I sent the request of continuance to WCAB, should clerk office scan it? If so, should they scan it ASAP? Another question, how long does it take for a judge to respond me on my request of continuance?

@myworkerscompguide 2 месяца назад

If you mailed in a paper copy, then the clerks will generally scan it into EAMS. But sometimes they run behind, so they may not get to it before your hearing. If it is scanned in, then generally a judge will act on the request within two weeks. So again, if the hearing is very soon, the judge may not get to it in time. Lastly, judges are generally reluctant to grant a continuance via a written request, especially when it was the other side that requested the hearing. Generally the judge will want to talk to both parties, see what the position of both parties is, listen to their arguments for their position, and then decide whether to continue the hearing, or take it off calendar, or set it for another hearing.

@Kim-kq8wn 2 месяца назад

Thank you so much for your response. One more question, is there a time limit for Reconsideration Unit to make their decision?

@myworkerscompguide 2 месяца назад

@@Kim-kq8wn There is no Reconsideration Unit in California's workers' comp system. A party can file a Petition for Reconsideration, and that goes to the WCAB main office. The Board has sixty days, if I recall correctly, to act on the Petition. But a request for a continuance of a Status Conference would go to the MSC judge.

@Kim-kq8wn 2 месяца назад

Actually, Recon Unit is reviewing my petition for disqualification. Meanwhile, they have cancelled the hearing with the MSC judge right before the hearing date. Per EAMS, there is no judge assigned after their cancellation. It looks like I have to wait until Recon Unit makes a decision. It already passed 60 days now from the date I filed a petition. Thank you again for your response.

@myworkerscompguide 2 месяца назад

@@Kim-kq8wn Best of luck to you.

@sn4241 11 месяцев назад

What’s does worker’s appreciation appeal board after i already received my settlement 6 month ago. Now I get letter of worker’s compensation appeal board I live in San Diego. I am worry now

@myworkerscompguide 11 месяцев назад

It most likely is a lien conference to take care of any outstanding medical bills or photocopy service bills. If the Notice of Hearing you received says "Lien Conference" then it's just for the defense attorney and any lien claimants. The Lien Conference notice usually even says the injured worker does not need to appear. If that's the case, you can ignore it and just keep going about your day.

@desireejohnson7221 Год назад

What about a status conference after an appeal. So the person already convicted, appealed at Supreme Court level, won, and then now has a status conference hearing. What could happen at that point since the state cannot use the original evidence anymore

@myworkerscompguide Год назад

That sounds like you're describing a Status Conference at the Superior Court level with regards to a criminal conviction after an appeal. Unfortunately I have no experience with those. My videos are aimed at injured workers with workers' compensation claims before the California WCAB.

@markphillips8238 2 года назад

I injured on the job i rupterd my disc in my back i had back surgery then i had 3 evals and was given 14% permant disabilty then they took 1% back said that the numbness in my leg and foot had nothing to do with my injury my attorney appealed the decision and my case was reopend and i have been waiting for 10 years and have had 3 back surgerys so now i have metal rods and screwsi in my back what should i do or ask my attorney

@myworkerscompguide 2 года назад

That's a very tough situation. You can ask your attorney what his or her game plan is, and how long he or she thinks it will take. But with multiple evaluations and ten years, it sounds like you may have a complicated case and your attorney would likely know it best. You are always free to dismiss your attorney, or look for another attorney. However, there are pros and cons to this, especially after being with an attorney for so long. I did another video on changing attorneys here ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-rjAATo7r5hg.html

@angelfire402 10 месяцев назад

will I was a juror. I got in trouble by the judge. He feels I was trying to get out of jury duty. I have a "Contempt of Court" hearing Nove 15th but I called the court today. She said I have a "status conference" hearing tomorrow. I never received anything the mail. Do you recommend that I go? My doctor said I should never have been there.

@myworkerscompguide 10 месяцев назад

We don't have juries in workers' comp, so I suspect you were not before the WCAB. I cannot advise whether you should attend a hearing tomorrow or not. I'm just explaining how the workers' comp system works, and it sounds like your issue may be in Superior Court instead.

@Srms00001 Год назад

If my employer didn’t have workers compensation insurance at the time of my incident and workers compensation denied my claim because of that then what would be discussed at a status conference

@myworkerscompguide Год назад

It depends on who filed the DOR requesting the hearing, and what issues were listed. If your employer did not have workers' comp insurance then you'll likely be spending time with the I&A Officer at the WCAB for help with filing a Special Notice of Lawsuit and getting that served on your employer and then bringing in the UEBTF (Uninsured Employer's Benefits Trust Fund).