Legal Question in Workers Comp in California
My insurance company has not reimbursed me for my expenses for school under the Supplemental Job Displacement Voucher. We are well passed the allotted 45 days. My attorney keeps saying that he is talking with the opposing attorney about getting me the reimbursement but as of yet, no check! I sent my attorney a certified letter today requesting that if no payment is made within the next 5 days, he file a "Request for Dispute Resolution Before the Administrative Director." Is he obligated to follow my request?
1 Answer from Attorneys
Schwarzenegger's staff wrote the code very very badly.
The VOUCHER (not cash, not reimbursement, just a voucher payable only to a school) is to be mailed in 45 days, but the law doesn't tell the adjuster how much the voucher should be.
If one doctor says you have 1% Permanent disability, you get only a $4,000 Voucher... but if your doctor writes you have disability adding up to 35%, you get an $8000 Voucher.
The voucher is due 25 days after the judge's order on PD, which is either at a Trial or following Stipulations With Request for Award...neither of which appears to have occurred quite yet.
If there is no judge award, the provision about the 45 days requires the adjuster receive indisputable evidence as to the amount of Permanent Disability together with the school bills... unless there is a consultative rating on an AME report, it appears there isn't enough evidence yet for the adjuster to be required to issue the reimbursement.
Your attorney is never obligated to do anything you demand, including the Request to the Administrative Director...your remedy is to Dismiss the attorney if there is a disagreement as to the next step.
If a client directed me to file for a trial and I knew this was bad for my client, I would refuse (and expect to be dismissed).
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