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Common questions

“This has been going on for three years.”

Most long cases are long for one of five reasons, and four of them are fixable by someone filing something. Here is how to find out which one you have.

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The short answer

Most long cases are long for one of five reasons, and four of them are fixed by someone filing something.

The system is not designed to move on its own, and delay is cheap for the carrier and expensive for you. That asymmetry is real — name it rather than absorbing it.

On this page

The five reasons

1. Nobody filed a Declaration of Readiness. The most common by a wide margin. A case with no Declaration of Readiness on file is not scheduled for anything and will not be. Nothing happens until someone asks for it to happen.

2. The medical-legal reporting is stuck. Waiting on a panel, an appointment, a report, or a supplemental report. This is the largest single source of delay in the system, and it is moved by chasing it — objecting when a report is overdue, requesting a replacement panel where appropriate.

3. You are not permanent and stationaryP&S / MMI Permanent and Stationary / Maximum Medical Improvement. Your condition has plateaued — not that you are healed. Temporary disability ends here. yet. Sometimes this is legitimate — you are still treating and still improving, and settling early would undervalue the case. A long case is not automatically a badly handled one. Sometimes it is exactly right.

4. Multiple claims or multiple defendants. Cumulative traumaCT — Cumulative trauma Injury from repeated exposure over time. The largest injury category in California and the least claimed. across employers, a specific injurySpecific injury One identifiable event on one date. plus a CT, a staffing agency and a client employer, an uninsured employer needing UEBTFUEBTF Uninsured Employers Benefits Trust Fund. Pays benefits where the employer was illegally uninsured. joined. Each adds parties and each adds time.

5. Nobody is working it. This happens. A file gets buried, an attorney’s caseload grows, a paralegal leaves. You are allowed to ask directly what has been filed and when the next hearing is — and you are allowed to change lawyers. If you want to.

How to find out which one you have

Ask, in writing, these four questions:

  • What is the last document filed in my case, and on what date?
  • Is there a Declaration of Readiness on file? If not, why not?
  • What are we waiting on right now, specifically?
  • What is the next date on the calendar?

Vague answers to those four questions are themselves the answer.

You can also look. Cases are in EAMSEAMS Electronic Adjudication Management System. The Board’s case file system., and the district office can tell you what is on file.

What actually speeds it up

An expedited hearing where the issue qualifies — treatment or temporary disabilityTD / TTD / TPD Temporary Disability, Total or Partial. Wage replacement while recovering. Two-thirds of average weekly earnings; 2026 maximum $1,764.11/week.. The law requires these be heard far sooner. How to ask for one.

A Declaration of Readiness, if there genuinely isn’t one.

Chasing the medical-legal bottleneck rather than waiting on it.

And where payments have been late, the self-executing 10% — which does not require a hearing at all and is owed automatically. Calculate it.

Timing, and after it ends

How long it takes, and what can still be done later.

Common Questions

Sources

Labor Code § 5502(b)§ 4650(d)

General information about California law, not legal advice about your case.

Reviewed by Jamey Teitell, Partner & Trial Attorney · Last reviewed

Law Offices of Solov & Teitell, APC · (213) 380-9310

Printed from https://www.solovteitell.com/answers/my-case-is-taking-years/ · Last reviewed

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The thing nobody says out loud

Delay is a negotiating position. A worker with no income and mounting bills settles for less than a worker who can wait. That is not a conspiracy; it is just how the incentives sit.

Knowing that is useful. It means the pressure you feel to take a low number is manufactured by the calendar rather than by the value of your case — and there are ways to relieve it that are not “accept less.”

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