Legal Question in Workers Comp in California
I was granted lifetime medical in calif in 2009. When this was awarded I received money minus what they had paid me in weekly work comp payments. Now, they are wanting to settle the lifetime medical and I am ok with that to some extent. If I was to settle, do they reduce my settlement and take back the money they already spent on medical for me like they did with my weekly benefits?
1 Answer from Attorneys
The settlement is for what you and the adjuster agree to in writing.
IF THE COMPROMISE & RELEASE AGREEMENT contains an agreement that the insurer 'takes credit' for all sums, then sums paid will be subtracted -- that's what 'taking credit' means.
INSIST that the Compromise & Release Agreement is for "NEW MONEY". A New Money agreement starts from zero and you keep everything to which you agree, no deductions.
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