You have the right to go to trial to seek a Findings and Award (“F&A”) when it is not possible to reach a settlement agreement in your workers’ compensation case. This can happen when you are unable to reach a settlement agreement for a Stipulations With Request For Award (“Stips”) or for a Compromise and Release (“C&R”). In this, our last post in our series about the types of California workers’ comp settlements, we will provide insight about the process.
What Is A Findings And Award?
A Findings And Award is made by an administrative law judge at the Workers’ Compensation Appeals Board (“WCAB”). There is no jury trial in a workers’ comp case. All determinations in your workers’ compensation case trial are made by the WCAB judge. Typically, the judge bases the F&A on the medical reports in your case, your testimony, any witnesses called in your case by you, and/or any witnesses called by the employer or workers’ compensation insurance carrier.
How Is A Findings And Award Different From Stips?
Generally speaking, the effect of a Findings and Award is similar to that of a Stipulated Award. However, in the F&A it is the judge that makes findings as to all the issues in your workers’ compensation case. For example, the judge determines whether you sustained an industrial injury(ies); your percentage of permanent disability; monetary rate of permanent disability payments based on your date of injury; periods of temporary disability; monetary rate of temporary disability based on your date of injury; what body parts/medical conditions were injured on an industrial basis; what body parts/medical conditions are entitled to open lifetime future medical care; reimbursement of mileage and out of pocket expenses; entitlement to a Supplemental Job Displacement Benefit Voucher, and more. Furthermore, the F&A may be reopened within 5 years of the date of injury for new and further disability by filing a Petition To Reopen with the WCAB.
Ford & Wallach Are Trusted And Experienced Workers’ Compensation Attorneys In Los Angeles
The attorneys at Ford & Wallach want to help. Our lawyers provide workers’ compensation legal services to the San Fernando, San Gabriel and Santa Clarita Valleys; Los Angeles area; Long Beach; Inland Empire; Ventura County and Orange County. We will strategically guide you through the California workers’ compensation process and we offer free case evaluations. Contact us by email, or call us at 213.380.3140.