Legal Question in Workers Comp in California

Ramifications of Cashing Out Medical

My husband is in the final phase of settlement. The liason between the insurance co and his company said ''Whatever you do don't cash out your future medical''. His Doctor however said ''Take the cash'' as he still has 28 to 30 years more to work. If he does cash out what is the downside. We have good medical insurance. Please don't tell me I need a lawyer-I just want a generalized answer. Thank you.


Asked on 1/06/06, 1:11 pm

2 Answers from Attorneys

Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: Ramifications of Cashing Out Medical

Please note. If your husband has a WC injury and settles out his medical treatment, then subsequently tries to obtain treatment for the same body part with your health insurance, the company may rightly refuse to pay since you received a medical award and sold it for cash. If you are willing to take the chance that your husband will not need significant medical attention in the next ten years, close out medical. Otherwise, consider another option.

Please note that it is illegal for an attorney to state that he guarantees a better result than you can obtain by yourself. The Information & Assistance office provides WC information for free.

Best wishes

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Answered on 1/11/06, 6:19 pm
David Lupoff Law Offices of David B. Lupoff

Re: Ramifications of Cashing Out Medical

Please note that hiring an attorney would get you better results no matter what. Some injured workers who do not wish to hire counsel believe that it's better to handle the case on their own rather than to allow an attorney to get 15% of whatever they recover in settlement.

It takes years for a comp attorney to learn comp adequately. As such, many in pro per believe that they can get a fair settlement circumventing all that experience and knowledge that attorneys have. It rarely works.

As far as your question is concerned, you did not give enough facts relating to the nature and extent of your husband�s injury, nor did you supply any facts relating to P.D. In fact, we do not even know what your husband does for a living, how he injured himself, what body parts he injured, etc. What does the P&S report say about his future medical? What�s his rating? It is very difficult to give you a proper answer as all the above information is relevant.

Not to sound obnoxious, but a comp attorney would have known how to ask your question as well as answer it.

Good Luck.

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Answered on 1/09/06, 9:47 pm


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