Legal Question in Workers Comp in California

Receiving C&R money

I got injured at work two years ago. After successful shoulder surgery,

therapy, and recovery, I am now ready to close my case. I understand I have

two options:S&A and C&R. I have chosen C&R; but my lawyer informed me

that I can only receive the lump sum of money offered, if I quit my job. He

says that is the prerequisite to get the money ( I have been working all these

past months at the same place where I got injured)

I face the challenge of having to choose between getting my C&R money or

keeping my job, but I can not keep both, I have been informed.

Is this accurate? Can they demand my resignation in order to award me the

C&R money?. If I don't switch jobs, I was informed, I must accept closing the

case through S&A in order to insure future medical treatment -which I don't

think I will need, since the surgery went very well. My disability rate is only

20%.

Any clarification on this issue will be highly appreciated.

Sincerely,

R.I.R - Californian worker


Asked on 5/27/06, 7:46 pm

1 Answer from Attorneys
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

C&R

Genearlly speaking an employer will not offer a C&R if the employee is still working because the employer is still subject to a claim for a new disability concerning the same body part.

Request a C&R. If that option is not available, request a Stipulations & Award, then petition for commutation of permanent disability if an emergency arises.

I think it would be foolish to quit your job in order to receive a lum sum payment for a work injury, but the choice is yours.

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Answered on 6/02/06, 2:59 pm


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