What to expect at a MSC (Mandatory Settlement Conference)
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- čas přidán 10. 02. 2022
- 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
![How to succeed at a Mandatory Settlement Conference [MSC]](http://i.ytimg.com/vi/tO9s-w9CSm4/mqdefault.jpg)
![How to succeed at a Mandatory Settlement Conference [MSC]](/img/tr.png)
Thank you for your videos.
My pleasure!
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.
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.
That’s bull
How much was your case worth?
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 ?
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!
Okay thank you
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.
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.
Same bro, how did your hearing go?
@@CAM62633 win the case bro, with all documented case of surgeries I have. Lawyer said no brainer, you have the case.
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
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.
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
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.
@@myworkerscompguide It most likely doesn't concern me then?
@@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.
I had MSC then it went to OTOC what does that mean ?
OTOC is Ordered Taken Off Calendar. It just means it’s not set for another hearing soon. Probably for settlement talks or further discovery
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 ??
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.
Is a settlement conference the same as a MSC
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.
@@myworkerscompguide what is it called for a *personal injury* lawsuit?
@@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.
@@myworkerscompguide Oh, I see. Thanks for letting me know
@@notarant5107 happy to help inform.