Legal Question in Workers Comp in California

I was injured at work and had no problems with my case until now. I was injured in 2005 and signed settlement in 2008. Now I need further medical which was part of settlement, but when I called to ask about it they said I owed them over $6,000 in overpayments. Now it has been over 9 years since injury and over 6 years since I signed. And it wasn't until I called that they even told me about this. I have had not had any correspondence from them regarding this money until I asked for my medical. What do I do?


Asked on 12/19/14, 11:46 am

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

IF you were represented, you need a meeting with your attorney and request a Status Conference regarding denial of future medical benefits as per paragraph 4 of the Stipulations With REquest For Award.

If you had no attorney, you need to go over the signed Stipulations With Request For Award with the Information & ASsistance Officer there at the San Diego WCAB. If the Stipulations With Request For Award do not contain written specifications that you were overpaid by $6000 and that you have to prove you have paid $6000 out of pocket for your medical treatment, then the insurer is unfairly refusing to provide Treatment in accordance with Paragraph 4 of your Stipulations and you can request both an Expedited Hearing on Treatment, plus another regular trial on Sanctions for unreasonable refusal to provide medical treatment.

Read more
Answered on 12/30/14, 2:48 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in California