Legal Question in Workers Comp in California

I signed a Compromise and Release agreement with the workers comp carrier over a month ago. It took them over a month to get the papers to me to begin with. They said it would have to be approved by a judge at the local comp board, but it shouldn't take very long, a few weeks at the most. Not only have I not heard anything, I can't get my calls returned. So I called the comp board in Stockton today to see if anything had been filed. The lady there told me I had been misinformed by the carrier, that since nothing has been filed at all with the board they are unable to help me? I have been cut off from my comp payments, have 5 kids, can't find a job and I'm drowning here. Can anyone tell me what is going on?


Asked on 9/15/09, 2:20 pm

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

Unfortunately you cannot force a carrier to enter into a Compromise and Release. However, in your situation it appears the carrier is lagging. At this point you are helpless. If you file for a hearing it may be months before you get a court date. If you do nothing, your situation may not improve.

In situations like this I always look to the Compromise itself. If the carrier has not paid all of your Permanent Disability benefits, in other words you have not received your entire award, you can file a penalty petition for late payment of Permanent Disability from the date the carrier stopped paying. You should also file a Declaration of Readiness to Proceed. That usually prompts the carrier to get the Compromise and Release approved. If the carrier does not get the C&R approved promptly thereafter, or pick up benefits immediately, you have a pretty good Penalty Petition and you can ask for up to 25% of the delayed benefits as a penalty.

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Answered on 9/24/09, 7:09 pm


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