Legal Question in Workers Comp in California

Re: settlement payments

There are two different methods in which you can "lump sum" your permanent disability award on your matter.

The first is to file a petition with the WCAB wherein you request that your permanent disability award be "commuted" thus provided to you in lump sum form. This method includes a statement in the petition regarding financial hardship or need. This method will keep your matter open including the availabilty of future medical treatment for your injury and should your injury progress therefore increasing your level of permanent disability an opportunity to make an application for further benefits will continue to exist for a statutory time period.

The other method to receive a lump sum payment is to resolve your claim via a "Compromise and Release". This method resolves all of the issues on your claim and closes your matter permanently. Thus, you would no longer have available the benefit of future medical treatment as paid for by the carrier nor would you have available the right to re-open your matter should your condition worsen thus increasing your permanent disability. This method requires that you are no longer working for the same employer where you sustained your injury.

The decision you make here must be made very carefully. Deciding to close your case forever and lose the medical benefit provision for future and current care of your injury can have a very profound life impact. And many factors must be taken into consideration to effectuate a fair and adequate settlement of your matter by Compromise and Release.

I hope this helps and good luck on your matter.:)