Learn about the most common way to settle a workers’ compensation claim. In California, it’s by Compromise and Release ( or C&R for short). To obtain this type of settlement, both the injured worker and their employer must agree on an amount and it must be approved by a Workers’ Compensation Law Judge.

If you are hurt, it’s definitely time to consult with a lawyer. https://www.napolinlaw.com/practice-areas/workers-compensation/

In this video, I walk you through how to fight your work comp denial through an AOE COE Trial

Please note this information will only be relevant for injuries that are under the jurisdiction of California WCAB.
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Promised link:
(1) Benefits Video Link

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Video Chapters
0:01 Introduction
0:42 How to Fight a Work Comp Denial
0:53 AOE/COE Defined
1:08 Is the Insurance Company Liable for My Injury? Four Requirements.
1:28 Do I Have an Injury?
1:40 Was My Injury Caused By Work?
1:51 Is My Injury Barred by an Affirmative Defense?
2:05 What Do I Do If I Think My Claim is Barred?
2:15 Defense 1: Under the Influence Injuries
2:25 Defense 2: Self-Inflicted Injuries
2:39 Defense 3: Is Suicide Covered Under Workers’ Compensation. Death Benefits.
2:49 Defense 4: Injuries from a Work Fight. Initial Aggressor.
3:08 Defense 5: Injuries Occur While Committing a Felony
3:27 Defense 6: Injuries Occurring While Participating in Voluntary Recreational Activities
4:00 Defense 7: Post-Termination Claims
4:43 Defense 8: Going & Coming Rule in Workers’ Compensation
5:02 Defense 9: Filing in the Wrong Jurisdiction
5:12 Defense 10: Statute of Limitations.
5:22 Workers’ Compensation as a No Fault System
5:34 How to Get to an AOE COE Trial
5:44 Step One: Gather Your Evidence
6:37 Step Two: File a DOR for a Priority Conference
6:51 Step Three: Ask to be Set for Trial
7:01: Step Four: Fill Out a Pre-Trial Conference Statement
7:11 Step Five: Go to AOE/COE Trial
7:21 Step Six: Wait for the Judge’s Decision
7:31 How to Avoid AOE COE Trial
7:55 Can I go to AOE COE Trial on One Body Part?
8:22 Special Extra Footage
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AOE/COE Outline
Governed by LC 3600
AOE/COE TRIAL
– AOE and COE are abbreviations for an injury “arise out of employment” and occurring during the “course of employment “
– Only appropriate for cases where ALL body parts denied
– Only issue is should the insurance carrier be liable for your injury?

To be liable:
1) There must be an actual employment relationship

2) There has to be an actual injury

3) The injury must have happened while the employee was working or arose out of their job.

4) It must not be barred by an affirmative defense
a. Under the influence – alcohol or drugs
b. Self-inflicted
c. Committed suicide on purpose
d. Initial aggressor
e. Felony
f. Voluntary recreational activity
g. Post termination
h. “Going & Coming” Rule
i. Jurisdiction
j. Statute of Limitations 1 year

Process for going to AOE/COE trial
Step 1: Attorney will gather what you need:

Step 2: File DOR (Declaration of Readiness to Proceed) for a priority conference

Step 3: At the priority conference your attorney will ask to be set for trial

Step 4: Attorneys will fill out the pretrial conference statement and list their exhibits.

Step 5: Go to trial – You might need to testify

Note: If you have the proper evidence, the defense may simply accept one or all of your body parts to avoid trial. Only one body part needed.

Note: Do not have to have causation discovery complete to proceed to AOE/COE trial. E.g. can have trial for ortho but not psych.

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TEXT “CONSULT” to (909) 266-0003 or Call us to get answers from an attorney.

We serve injured workers and fight for them to receive all their benefits especially medical treatment and compensation.

Hello, my name is Naomi. I have been practicing in Southern California since 2012. I opened my own firm because after seeing how the work comp “mills” functioned, I knew there was a better way. My firm is different because our clients are able to access their attorney and we focus on client education, so they are informed and feel comfortable throughout the entire work comp process.

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Gonzalez Law Firm, APC.
Call: (909) 266-0003
Text: (310) 683-5725
http://www.workinjuryca.com​​​

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Call us or TEXT “CONSULT” to (909) 266-0003 or Call us

© 2021 Gonzalez Law Firm, APC. All Rights Reserved. This video is not intended as legal advice, nor does it establish an attorney client relationship. Information provided is applicable in California Only. This video is intended for Gonzalez Law Firm clients only. Every case is different and certain statements may be not applicable to your case. This video is only applicable for Workers’ Compensation cases not other types of law. If you want information specific to your case contact Gonzalez Law Firm, APC.