WC Tip of the Week: Object to “Home Field Advantage”
Josh Diggs
Director of Claims (Modern Reign) & Partner / Board Member / WorkComp Blitz / Entrepreneur / Work Comp Ninja / Forger of Power Circles / Ultimate Client Advocate / Comp Laude Award Winner / Power Connector
WC Tip of the Week: Object to “Home Field Advantage”
The first thing you should do after receiving a Notice of Representation from an applicant attorney’s office is check to see where the Application was filed. You need to immediately OBJECT if it is inappropriate. You have very short window to do so. Otherwise, you are giving the applicant attorney “home field advantage.”
An example of this:
Claimant lives in Riverside
Claimant works in Corona
Applicant attorney’s office is in Riverside
Application is filed in Marina del Rey
Hmm…which of these pieces doesn’t fit this puzzle? It happens way too often and applicant attorneys will get away with it if you don’t act quickly. Object timely and petition for a change of venue! Applicant attorneys will be much more hesitant to fight a BS case (and travel to the appropriate board) or attend hearings/trials if they know it won’t be worth their while. It can help leverage the settlement value, but it also sets the tone early on that you mean business and are willing to litigate the issues to help you win!
Feel free to contact me if you would like to discuss how small tips and tweaks, along with robust advocacy, can help strengthen your workers’ comp program.
Managing Attorney (Workers’ Compensation Defense), Legal Services Provider, and Soccer Coach
7 年Sadly, claims administrators oftentimes do not refer their cases to a defense firm within those first 30 days, and they fail to object. On another note, I know one applicant law firm in particular in Los Angeles County that always inserts the address of the WCAB in the section that is supposed to list the location of the injury. In my opinion, this should toll the 30 days since it is a misrepresentation, and possibly misleads the administrator into believing that the case is properly venued.
Managing Partner at Tobin Lucks LLP - Northern California
7 年This happens very often with a N. Cal claim and a S. Cal AA filing down south. If it isn't caught in the first 30 days it can be a real uphill battle getting it changed afterwards.