Legal Question in Workers Comp in California

Your posting is confusing to me. In settlement of medical benefits, your lawyer must check to see if anything must be held for prior medical payments and future payments. Either medicare demands money or not. You are entitled to the amount they are not interested in, but that does not void the settlement of the medical bills unless your attorney feels that it is to your economic advantage not to settle. Ask him/her. Liberty Mutual will not speak to another attorney as long as you are represented by current counsel.Talk to your present attorney to find out what is happening.

First, your attorney cannot force the insurance company to settle for a lump sum, otherwise known as a Compromise & Release.

Second, it appears from your question that you may be receiving Social Security benefits. If that is the case, then Medicare often requires a Medicare Set-Aside Account. This is a dollar amount based on an analysis of what your future medical needs are for your work-related injuries. Whether it requires approval by Medicare depends upon the amount of the lump sum settlement. If approval is required, the process can take 4 or more months.

Make an appointment with your current attorney and ask him or her why you will not be getting a lump sum. Good luck!