How Do You Fill Out the Pre-Trial Conference Statement?

Filling Out WCAB Form 24, Step by Step

You and the other side fill in the form together, one part at a time: the case caption, the stipulations you both accept, the issues still disputed, and the specific exhibits and witnesses planned for trial.

This requirement kicks in only once a Mandatory Settlement Conference fails to settle your case. At that point, both sides meet and confer and complete the same form together, under Title 8, California Code of Regulations, section 10759(b).

The Division of Workers' Compensation's own forms page numbers this form WCAB Form 24. It breaks your task into the same parts covered below. File it the way the WCAB's other paper forms are filed; see the WCAB forms guide for that step and the related lien issues addendum.

The sections below walk through each part in the order it appears on the form. One part matters more than it looks: the exhibit deadline.

Who Fills Out WCAB Form 24?

Both sides fill it out together. If you do not have a lawyer yet, you are the one responsible for your own portion.

WCAB Form 24 expects some workers to appear without an attorney. Its appearance section has a separate line for the "injured worker" and another for the "injured worker's attorney." That makes filling in your own information normal, not an exception.

If a lawyer already represents you, that office typically fills in the draft and reviews it with you before the conference. The stipulations and issues still have to match your actual claim. Expect your attorney to confirm your dates, wages, and treatment history with you rather than guess at them.

When Is WCAB Form 24 Due?

It is due by the close of the Mandatory Settlement Conference that fails to resolve your case, and that same date closes discovery.

Under Title 8, California Code of Regulations, section 10759(b), the parties must meet and confer before the settlement conference. If the dispute is not resolved, they complete a joint statement, covering the stipulations and issues for trial, the exhibits, and the witnesses, by the time the conference ends. The settlement conference itself is set 10 to 30 days after a Declaration of Readiness to Proceed is filed, under Labor Code section 5502. When the dispute still is not resolved at that conference, the law generally requires the trial itself within 75 days of that same filing.

If your case resolves at the settlement conference instead, through a Compromise and Release or a Stipulated Award, this requirement drops away entirely. The form exists only for a claim still heading toward trial.

What Goes in the Stipulations Section?

The stipulations list the facts neither side disputes: who employed you, when you were hurt, what you earned, and what has already been paid.

WCAB Form 24 asks for your employment dates: a specific incident, or a cumulative period. It also asks for your job title, your occupational group number, your employer's name and location, and the body parts your claim covers.

Next come the money facts. The form asks who your employer's workers' compensation carrier was, or whether the employer was self-insured or uninsured. It asks your average weekly wage at the time of injury, and it has a line for what the carrier or employer has already paid, broken out by benefit type, weekly rate, and the period covered. One box even asks whether temporary disability has been paid in full through a specific date.

The form also asks whether the employer has furnished all, some, or no medical treatment, and who your primary treating physician is. A short line asks whether any attorney fees have already been paid or arranged. A final, open line covers any other stipulation specific to your claim.

What Goes in the Issues Section?

The issues section lists everything the two sides still disagree about, from whether the injury is covered to how much permanent disability it caused.

Common issues on WCAB Form 24 start with the basics: whether an employment relationship existed, whether insurance covered the employer, and whether the injury arose out of and in the course of employment. Next come the medical and wage disputes: which body parts are injured, each side's claimed average weekly wage and its basis, and the disputed temporary disability period.

The form also tracks the disputed permanent and stationary date, the point your condition is considered stable, plus disputes over permanent disability and apportionment. Further lines cover the rating group, whether you still need more treatment, and who is liable for care you paid for yourself. A liens section names each lien claimant, the type of lien, and the amount paid. Open lines follow for attorney fees and any other disputed issue. Fill in only what applies to your claim; leave the rest blank.

What Exhibits and Witnesses Do You Need to List, and Why Does the Deadline Matter?

You must list every document and witness you plan to use at trial by the date of the settlement conference, because evidence left off generally cannot be added later.

If the claim is not resolved at the mandatory settlement conference, the parties shall file a pretrial conference statement noting the specific issues in dispute, each party's proposed permanent disability rating, and listing the exhibits, and disclosing witnesses. Discovery shall close on the date of the mandatory settlement conference. Evidence not disclosed or obtained thereafter shall not be admissible unless the proponent of the evidence can demonstrate that it was not available or could not have been discovered by the exercise of due diligence prior to the settlement conference.

In plain terms, this is the deadline that catches people off guard. Your medical reports, wage records, QME or AME evaluations, and any witnesses need to be ready before the settlement conference date. Do not wait until the week before trial.

Title 8, California Code of Regulations, section 10759(c) adds formatting rules for exhibits. Each one must be identified by its author or provider, its date, and its title or type. The regulation gives its own example: "the July 1, 2008 medical report of John Doe, M.D. (3 pages)." A document from a different author, or a different date, usually needs its own listing. Do not bundle it into another exhibit.

Witnesses go on the same pages as the exhibits. List anyone you expect to testify, not just the people you consider most important. Someone left off the list can face the same late-disclosure problem as a missing document.

What Happens After You File WCAB Form 24?

The judge uses it to set your trial: the hearing length, which witnesses and exhibits are locked in, and any other orders needed to move the case forward.

The front page of WCAB Form 24 doubles as a notice of hearing. A box on that page is reserved for the workers' compensation judge alone. There, the judge marks a trial length estimate, such as one hour, two hours, half a day, or a full day. The judge also notes whether the case will be heard before a specific judge or any available one.

A separate page, also for the judge's use only, carries the conference notes and any further orders, including instructions for serving the statement and notice on every party and any lien claimant named in the issues section.

From there, your case moves toward the hearing itself. That same law generally requires the trial within 75 days of the original Declaration of Readiness to Proceed filing. See what happens at a California workers' comp trial for what the judge, the exhibits, and the testimony look like once you get there.

Getting Help With WCAB Form 24

A lawyer helps most with the issues and exhibits sections, since a mis-stated stipulation or a missed exhibit can be hard to fix once discovery closes.

Reading the stipulations the other side proposes takes care. So does deciding what belongs on the issues page, and knowing which records still need to go on your exhibit list. A question you cannot answer with certainty is worth raising in the days before the settlement conference, not after you have already signed off on the form.

Yazdchi Law P.C., based in Palmdale, represents injured workers across California at Mandatory Settlement Conferences and at trial. Call (661) 273-1780 for a free consultation, or use the contact form. The firm reviews each matter individually. For the filing steps once your statement is complete, see the WCAB forms guide; for what happens at the hearing itself, see what happens at a California workers' comp trial.