California Quick Tip: Five Reasons to File a DOR Declaration of Readiness

Here are five reasons to file a Declaration of Readiness to proceed (DOR)

1. You will resolve an issue. Whether you file a DOR only on one issue, for example AOE/COE, or on all issues, including the nature and extent of injuries, temporary disability, and permanent disability, a hearing on the issue will normally resolve the issue.

2. You will reduce administrative and legal costs. Every day a file is open, administrative and legal costs increase. Vendors can be vultures, picking away profit from employers and carriers.

3. The sooner you file a DOR, the less evidence applicant will have to prove his or her case. And it is the applicant’s burden, not the employer’s burden, to prove issues such as industrial causation, nature and extent of injuries, temporary disability, and permanent disability.

4. You will send a signal to applicant attorneys that you are not afraid to take an issue to trial, giving you additional negotiation leverage in the current and future cases.

5. Trials are free! You will not get a bill from the trial judge or court reporter.

Caution: The decision to file a DOR should be made on a case-by-case basis depending on the issues and nature of discovery completed; in some cases additional discovery should be completed before filing a DOR.