Legal Question in Workers Comp in California

my mom was on workmans comp for 12 years and about to settle,when she found out she had stage 3 lung cancer,when hospitalized they told her she had no insurence(why not) she called her lawyer and told him she wanted to settle quickly,he sent the judge the paper work-but then went on a 3 week vacation. my mom passed away a couple days before he came back. now he tells me the case is over and no one gets anything. is that possible


Asked on 4/10/11, 3:32 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

I assume the cancer was not work related. When she died, that would stop her entitlement to any Workers' Compensation benefits. She obviously would not be entitled to any further medical treatment and permanent disability is meant to compensate a person for the reduced inability to compete in the labor market, which is irrelevant once one dies.

You do not say what paperwork it was that the attorney submitted. If it was the settlement papers, in the distant pass when I handled WC cases the judge would have easily signed off within three weeks, but the attorney being out of town would also make no difference as to the signing by the Judge as no appearance would normally be needed by the attorney. So one the facts presented, there was no malpractice by the attorney.

If your mother, however, sought to settle the WC case knowing that she was going to die soon and that the WC carrier was unaware of her serious condition [they would not settle if they knew she had a fatal illness], she was attempting to defraud them [if you bought life insurance and did not tell the insurance company that you had been told with only 5 months to live, do you think they would sell you a policy?] so any failure by the attorney is not malpractice because it would be a felony to do anything to settle the case for more than her life expectancy.

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Answered on 4/10/11, 8:17 pm


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