Legal Question in Workers Comp in California

My settlement came in with a dollar am. plus a yearly annuity to be paid over 18 years. I'm 62 years old, are they betting on my lifespan? Do I have to accept annuity?

The letter is based on a compromise and release subject to CMS approval. My case started in 2008. The MSA is 162K with seed money of 80K then annuity of $6500k per year over 18 years. why cant I get it all at once. I know the laws have changed but am I not grandfathered in due to how old my case is. this is a spinal injury with failed surgery.. My PT rating only at 52%. I feel I'm getting screwed once again.


Asked on 3/03/17, 2:07 pm

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

Medicare is demanding YOU PAY $162,000 of whatever your overall settlement amount is. The insurer is likely not going to just hand you that money because they fear when you burn through it and Medicare is not paid, Medicare will come after the Insurer for payment (regulations within Medicare say they do this, but it has not been tested in court). So the insurer IS JUST PROPOSING that Medicare be paid $80,000 of the $162,000 it wants up front, with payments to Medicare of $6,500 per year for 18 years. That way the insurance company knows Medicare got its money and won't come after the insurance company. You may reject this, but you need an iron-clad plan on how the insurance company is going to be protected from Medicare if you miss a Medicare payment or the insurance company will say "No, thanks".

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Answered on 3/08/17, 5:00 pm


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