Legal Question in Workers Comp in California
I was injured at work and received medical care and benefits in November 2009. I received a letter on June 21, 2010 informing me that the carrier overpaid me and now they are demanding over $4,000. What ar emy rights?
2 Answers from Attorneys
Unless you did something unethical to obtain the overpayment, the carrier is probably not going to be able to force you to pay any overpayment back directly. However, if you received an overpayment of temporary disability, the carrier will probably petition the court for a portion of any permanent disability you might be owed to offset the overpayment, or alternatively, if the payment was for medical benefits, the carrier may petition the court for an offset of any future medical billing in the amount of the overpayment.
There may be a doctor report that indicated that you had to be released and P & S six month earlier. You need to retain an attorney who will object to that report and request a QME/AME examination. Feel free to call us at 213.388.7070 for a free consultation.