Legal Question in Workers Comp in California

if I cash their Checks, am I agreeing with the settlement amount?

I have had a case that was badly handled. My case was never address in two years. I was passed on to adjusters that would not give me the time of day. I have no attorney but am ready to get one now that the to QME states I can no longer work my professional occupation due to this last recent new case. Now they want to send me a small settlement. I really think it is not what the QME rated. I do not want to cash the checks they mailed me because I don't want them to think I agree with this amount. Does it make a difference if I cash them although I am seeking a lawyer at this time? or should I wait. These are three seprate cases that have all been picked up seprately/ I do not want to do anything that will compramize my day in court.


Asked on 12/03/08, 11:22 am

1 Answer from Attorneys
David Lupoff Law Offices of David B. Lupoff

Re: if I cash their Checks, am I agreeing with the settlement amount?

Do the checks stem from temporary disability or permanent disability? If they are temporary disability checks, I would recommend that you cash them. If they are permanent disability checks, you can cash them, but the amount will be deducted from your final settlement. If you already signed an agreement of sort (eg. Compromise and Release), then these could be settlement checks. Without really knowing the facts of your case and your current disposition, it would be difficult for me to advise you one way or the other.

Please call my office for a free consultation at 818.385.0520.

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Answered on 12/08/08, 5:47 pm


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