Legal Question in Credit and Debt Law in California

Ca. Workmans Comp overpayment-Sent to Collections

My husband was injured on the job in March of 2006. His

workmans comp claim was denied initially and other resources

offered in the first three months of his injury time...IDL, CAT

leave. Eventually the claim was approved and by that time he

was forced to retired disabled (one year later). At that time he

was informed that the State of California had overpaid him and

that he now had to pay them over $1000! He asked for proof

of this overpayment and all he ever got were cancelled checks,

which proved nothing. He had meetings with the agents and

was told they would figure out the details. Nothing happened.

Months passed. We employed an attorney asked for more

substantial information. Last week (it is 2009) our attorney

informed us that there was nothing more he could do and that

''it appeared'' we owed them. That said, one week later we

received a phone call from a Collection agency asking for even

more money than the original amount! We had not even had

an opportunity to contact the state regarding the end of the

dispute nor did we hear from them. Are we responsible for the

original disputed amount as well as the additional monies? It

has been three years!


Asked on 4/16/09, 6:22 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Ca. Workmans Comp overpayment-Sent to Collections

I don't know the answer to your question. However, you might want to talk to your state lawmaker about this. It appears that an injustice is being done, and should be corrected. A few, well-placed calls by the legislator's staff might get you results.

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Answered on 4/16/09, 8:28 pm


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