Legal Question in Workers Comp in California
Permanent Disability Payments
The Disability Evaluation Unit completed the Summary Rating Determination for my case. Rating of 52% was calculated.
The Insurance Carrier/ Case manager is disputing the rating and has requested reconsideration of the summary rating to the Administrative Director.
This occured on 2/11/99. Today is 5/22/99 and I have not heard anything from the case manager.
Here is my question: Is the Insurance Carrier suppose to start paying me the permanent disability benefits even though the Rating is under dispute?? I read somewhere that the payments are supposed to start 14 days after I stopped receiving the temporary disability benefits. Also, is there a set lentgh of time that the dispute can linger on for?? I feel as if the Insurance carrier is just stalling so they won't have to pay out to me.
I am not represented by an attorney. Should I get one?
1 Answer from Attorneys
Re: Permanent Disability Payments
I would get an attorney right away. In California
a judge determines how much is paid to your attorney
so you don't have to worry about a large fee. It
is usually between 7 and 10% of the settlement. The
insurance company will stall for as long as possible
because they don't want to pay you any money and they
hope that you will get so burnt out on waiting that you
will drop your claim. You need to hire an experienced
workman's comp attorney. Ask around for referrals. A client
that is willing to give an attorney's name to their friends usually
means a satisfied client so the attorney is probably
doing something right. If you still have questions
please feel free to email me at [email protected] or call
me at (805)546-9918. I would be happy to give you
a free consultation.
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