Legal Question in Workers Comp in California

My father in law just passed one week shy of his case being settled and his lawyer is now saying he doesn't deal with after death cases. He had a million dollar settlement coming to him and I find unbelievable to know that its just gone. His case has been going for 7 years and the lawyer said if he passed within 5 years there still would be a case. Now my mother and 15 year old sister in law have no source of income. Please advise if there is something we can do.


Asked on 3/15/10, 4:52 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Sorry, but what limited information you provide does not make much sense to me. WC cases are not worth a million dollars unless it involves someone entitled to full or 2/3rd salary for the rest of their life. Since the attorney jmentioned the 5 year period of time I assume your father was a policeman or firefighter and thus entitled to the presumption that death from a heart condition or lung problem is work reelated. After 5 years one can still argue that it is work related but the presumption does not exist [which means most cases can not be won because the five year presumption is a political decision and not based upon sound medical information]. But if he was disabled, no matter the cause, he would likely be collecting PERS disability benefits which are usually about 50% of salary, A major difference is that WC benefits are not taxable. He might also have qualified for retirment benefits. But it makes no sense that his case would take 7 years to conclude.

You all need to sit down with the attorney and find out all the details of the case, what the different amounts of money would be based upon the type of retirement, why he is not wiling to handle the case [unless he feels it is not a winable case or there would be no further benefits to your father or his heirs, I can not imagine a WC applicants attorney not taking a death case as it is easier to handle and brings in greater attorney fees then the normal case]. Then go to a certified WC applicant attorney and see if your current attorney is correct or if there is a case to pursue.

[not proof read]

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Answered on 3/21/10, 10:04 am


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