What Is a Declaration of Readiness (DOR) in a California Workers’ Compensation Case?

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 moves the case forward and signals that a party is ready to go before a judge for assistance in resolving the dispute.

When Is a DOR Filed?

A DOR is typically filed when there is a disagreement between the injured worker and the insurance company or employer regarding:

• Temporary or permanent disability benefits
• Medical treatment approval
• Reimbursement for out-of-pocket medical expenses
• Settlement issues
• Penalties or delays

Before filing a DOR, the party should make a reasonable effort to resolve the issue informally. If that fails, the DOR allows the case to be scheduled for a mandatory settlement conference (MSC), status conference, or trial.

Who Can File a DOR?

A DOR can be filed by:

• The injured worker (or their attorney)
• The claims administrator
• The employer’s representative

Both represented and unrepresented parties can file a DOR. However, unrepresented workers may be required to attend an initial status conference to determine how to proceed.

What Happens After a DOR Is Filed?

Once a DOR is filed, the Workers’ Compensation Appeals Board (WCAB) will schedule a hearing, which may be:

• A Mandatory Settlement Conference (MSC) to try to resolve the dispute without trial
• A status conference to discuss next steps if the case is not ready for settlement or trial
• A trial, if settlement is not reached and both parties are prepared to proceed

The judge may issue orders, set deadlines, or decide the case at trial based on the evidence presented.

Importance of Being Prepared

Filing a DOR means that the case is moving into a formal legal stage. It is important to have all necessary documents, including:

• Medical reports
• Benefit notices
• Supporting evidence related to the disputed issue

Failing to prepare can result in delays or an unfavorable outcome.

Get Help With a DOR or Hearing

If you are involved in a workers’ compensation dispute and are considering filing a Declaration of Readiness, or if you received notice of a hearing, legal representation can help you navigate the process. The Law Offices of Norman J. Homen can help you prepare, attend hearings, and protect your rights throughout the case.