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Answer (Injuries Occuring On Or After January 1, 1990) Form. This is a California form and can be use in General Workers Comp.
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Tags: Answer (Injuries Occuring On Or After January 1, 1990), WCAB-2, California Workers Comp, General
INSTRUCTIONS
The Answer must be filed within six days of service of the Application for Adjudication.
The Answer may be used to object to the filing of the Application for Adjudication or the
setting of proceedings, to request dismissal of the Application or other action, to respond to
substantive issues raised in the Application, to correct inaccurate allegations in the
Application, to raise affirmative defenses, and to request that additional issues be
considered in the hearing.
(Item 1)
The answering party may object to filing of the application. Check appropriate boxes under
Item 1 and explain reasons for objections. Attach additional pages if required, but clearly
identify the objection you are discussing.
(Item 2)
The answering party may request dismissal of the application if it has already been filed.
The reasons for the requested dismissal and the facts in support of it must be set forth. The
reasons for dismissal in some circumstances may duplicate the reasons for objections to
filing of the application.
It is important that the Answer be as complete as possible. The information requested
assists in the resolution of issues and settlement of dispute.
2002 © American LegalNet, Inc.
STATE OF CALIFORNIA
DEPARTMENT OF INDUSTRIAL RELATIONS
WORKERS' COMPENSATION APPEALS BOARD
(This form is for injuries occurring on or after January 1, 1990)
ANSWER OF
CASE NO.
(EMPLOYER, CARRIER, INJURED WORKER, DEPENDENT, LIEN CLAIMANT)
(INJURED WORKER)
(SOCIAL SECURITY NUMBER)
(ADDRESS)
(DATE OF ALLEGED INJURY)
(APPLICANT IF OTHER THAN INJURED WORKER)
(STATE)
(ZIP CODE)
(STATE)
(ZIP CODE)
(STATE)
(ZIP CODE)
(STATE)
(CITY)
(ZIP CODE)
(ADDRESS)
(CITY)
(CORRECT NAME OF EMPLOYER; INDICATE IF SELF-INSURED)
(ADDRESS)
(CITY)
(CORRECT NAME OF INSURANCE CARRIER OR, IF SELF-INSURED, ADJUSTING AGENCY)
(ADDRESS)
(CITY)
1. Answering party objects to the filing of the application for the following reasons:
(EXPLANATION MUST BE PROVIDED FOR ANY BOX CHECKED. )
No bona fide dispute exists
Efforts to resolve dispute not stated
Medical reports and other documents
indicating nature of dispute not attached to application
Efforts to resolve dispute not made
Medical reports alleged to have been served by
applicant not received
14 days have not elapsed since claim form was filed
and the employer has not denied or refused to pay benefits
Other
A claim form has not been filed with the employer
A dated and completed claim form
has not been attached to Application
Explain: (See Instructions)
(ATTACH ADDITIONAL PAGES IF NEEDED)
2.
It is requested that the application, if filed, be dismissed for the following reasons: (See Instructions)
3.
Other action requested
(READ INSTRUCTIONS BEFORE FILLING OUT ANSWER - PRINT OR TYPE NAMES AND ADDRESSES)
WCAB FORM 2 (4/1/90) (PAGE 1 OF 2)
90 56614
WCAB-2
2002 © American LegalNet, Inc.
4.
Answering party denies the allegations of the application as indicated below with such explanations as are expressly set forth and
admits all other material allegations.
Medical-legal costs
Employment
Earnings
Occupation
Periods of disability
Injury
(Give last day worked and correct date of return to work)
(If denial is based on date or part of body injured, please explain fully)
Rehabilitation
Insurance coverage
(Check if employer has been notified to appear and defend)
Permanent disability
Liability for self-procured treatment
(If apportionment is claimed, so state)
Apportionment
Liability for future medical treatment
Other
(ATTACH ADDITIONAL PAGES IF NEEDED)
5. IT IS FURTHER ALLEGED THAT THE FOLLOWING BENEFITS HAVE BEEN PROVIDED:
Temporary disability indemnity in the total amount of $
through
at the rate of $
per week beginning
. Rehabilitation maintenance allowance in the total amount of $
rate of $
per week beginning
in the total amount of $
at the rate of $
through
.
beginning
at the
Permanent disability indemnity
through
6. Affirmative defenses and other matters:
The right to raise additional issues in accordance with the provisions of law and the Rules of Practice and Procedure is not waived.
I,
, declare under penalty of perjury that the facts set forth under paragraphs
1, 2, and 3 are true and correct.
Dated at
, California, on
,
(Signature of answering party, attorney or representative)
(Print or type)
(Name of answering party, attorney or representative)
(Address of answering party, attorney or representative)
WCAB FORM 2 (4/1/90) (PAGE 2 OF 2)
(Telephone number)
90 56614
2002 © American LegalNet, Inc.