Legal Question in Workers Comp in California

I received Workers Comp payments for life, as awarded by a court in California. I received a letter stating that State Comp might like to settle. They have not offered any amount. I need to ask for some of my settlement money to get a car and pay some bills. The lawyer that I paid $45,000 to says he does not have to handle my case any further. I have had trouble finding a lawyer as I live in Mi. and the settlement was in CA. Do I have to hire another lawyer or could I file a form for an advance of money by myself? I need money now as they might not settle for some time. The settlement was ordered in 1996 for life. I have received payments for over 10 years, but can't seem to survive with out a dependable car. I need transportation to doctor and many other things. What legal form would I need to get?


Asked on 2/06/11, 10:22 pm

1 Answer from Attorneys
Juan Armenta English Lloyd & Armenta

If I understand you correctly you are seeking a lump sum of money now from your future payment stream. That is called a commutation of benefits and it is purely discretionary with the Board. It will have to determine if your best interests are served by taking part of that payment stream to pay you a lump sum now. You are better off with counsel on that process as it is detailed and carefully scrutinized. There is no particular form. But, you prior counsel should be helping you with this.

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Answered on 2/09/11, 9:14 am


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