Workers Compensation

The Description of Employee’s Job Duties, also known as DWC Form AD 10133.33, is a form used in California workers’ compensation cases to document the physical and mental requirements of an injured worker’s job. It is used during the return-to-work process when a worker has permanent restrictions that may affect their ability to perform their…

In a California workers’ compensation case, a denied claim means the insurance company or self-insured employer has decided that it is not legally responsible for providing benefits for your injury or illness. This may apply to the entire claim or only certain parts of it, such as medical treatment or disability payments. A denial does…

In a California workers’ compensation case, a commutation refers to the process of converting future disability payments into a lump-sum payment. This means the injured worker receives a portion of their award all at once instead of through weekly or biweekly payments. Commutations must be approved by a workers’ compensation judge and are typically used…

A Compromise and Release (C&R) is a type of settlement agreement used in California workers’ compensation cases. When an injured worker and the insurance company agree to resolve the claim, a C&R allows the injured worker to receive a lump-sum payment in exchange for closing the case permanently. This includes giving up the right to…

A cumulative injury, also referred to as a CT injury in California workers’ compensation cases, occurs when repetitive work activities over time lead to a physical or mental condition. Unlike a specific injury that results from a single event, a cumulative injury builds gradually and may not be noticed right away. These injuries are common…

In a California workers’ compensation case, the date of injury is a critical detail. It determines when benefits may begin, how long you have to report the injury, and which laws apply to your claim. The date of injury is not always the same in every case, it depends on the type of injury and…

In California, death benefits are available through the workers’ compensation system when an employee dies as a result of a work-related injury or illness. These benefits are intended to provide financial support to the worker’s surviving dependents, including payment for burial expenses and ongoing support payments. The law is designed to ensure that families are…

A Declaration of Readiness to Proceed (DOR) is a form used in California workers’ compensation cases to request a hearing before a workers’ compensation judge. It is filed when one or more issues in a claim cannot be resolved through informal discussions and need to be addressed through a formal legal process. Filing a DOR…

In a California workers’ compensation case, the defendant is the party that responds to a claim filed by the injured worker, also known as the applicant. The defendant is typically the employer’s workers’ compensation insurance carrier, or in some cases, the employer directly if they are self-insured. The defendant’s role is to review the claim,…

A delay letter is a written notice sent by the workers’ compensation insurance company to let an injured worker know that their claim is still under investigation. It does not mean the claim is denied, it means the insurance company has not yet accepted or rejected liability. Under California law, if the claim is not…