Legal Question in Workers Comp in California
Father dies before comp claim settled
My Father died last month and the attorney representing him said ''that when he (father) died the claim died with him. But I found under CA labor code 4700 thats not true. What do I do?
2 Answers from Attorneys
Re: Father dies before comp claim settled
An Application for Adjudication needs to be filed on the survivor's behalf. Call me directly at 16192223504.
Re: Father dies before comp claim settled
LCS 4700 states that a dependant can receive accrued or unpaid benefits. This means that if your father wasn't paid his temporary disability when he should have been, the dependant is entitled to receive said sum. If he was released from his doctor and the P&S report shows P.D., then you may have some entitlement to a settlement accordingly. However, when the applicant passes away prior to being released from his PTP, it is very difficult to prove permanent disability. A comp claim is mainly driven by permanent disability and future medical.
With all the above in mind, if the applicant died as a result of his injury, then you have a death claim which should be followed up.
For a detail analysis, please call my office at 818.385.0520.
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