Legal Question in Workers Comp in California
I am dealing with a workers comp case in California and have been for six years and now my attorney says that the only way the insurance company will settle is by stipulation with request for award. I want a lump sum payment my future medical cost is going to be about 90,000.00 I do not want the insurance company to control my future medical cost. Can I get the lump sum?
1 Answer from Attorneys
Receiving a lump sum would require a Compromise and Release agreement. The defense has no obligation to enter into such an agreement. A stip as the same effect has if you won at trial. You would receive your P.D. in biweekly payments until your award is exhausted. You would have all your PDAs, and attorney's fees deducted from your P.D. award. And yes, the defense would pay for your future medical care.
The tip I'll give you is once you enter into your stip, USE your medical care on a regular basis. Sometimes the insurance companies will notice your future medical care use, and may want to later buy out the risk.
Good luck.
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