Many of our clients get nervous when a control date in court has been scheduled. It is usually the first substantive court appearance after pre-trial.
We tell our clients not to worry and explain that several control dates are needed before their case will be settled. A control date in court is a court hearing where both sides appear before the magistrate to discuss scheduling and legal issues. Attendance is generally not required if represented by a lawyer. It takes about five minutes, and no final decision will be made. Below are some of the items that will be accomplished during this first substantive court appearance after pre-trial.
Did a workplace accident cause a current medical problem? Is the employee disabled from working? These important questions must be resolved through medical and vocational evidence. Medical records are frequent exchanged at the control date in court. The insurance company must provide all medical records in its possession including the independent medical examination IME.
Wage and employment records should also be provided by the employer or its attorney. Attorneys are expected to give the magistrate an update. It is common to have a scheduling order that sets deadlines for joining parties, exchanging medical, providing documents, setting up IMEs, taking depositions, and facilitation. The magistrate will want to know where the parties stand with these items.
The control date court appearance after pre-trial gives both sides the chance to discuss scheduling and legal issues with the magistrate. It is not uncommon to have a 6 or more of these meetings before a case is set for trial. They typically occur every days. Do not worry if not much happens in the beginning stage of the case. The insurance company might decide to pay benefits on a voluntary basis.
