Legal Question in Workers Comp in California

w/c ins paid 3rd party atty $15,000 for subrogation recovery. w/c still not settled i knew nothing about payment. Atty did ot show up to court and allowed w/c t file a credit on me. w/c atty does nothing and referred him. I was not to know about this payment but found out . i got ssd and they were only going to pay $78.00. I found out w/c ins told ssa they paid me $1,500 per mo. when they had not paid me in 5 yrs. Took 2 months t get benefit payout to me for proof and this was on there. when i first asked the adj for it she said "how in the hel did you get ssa. i said because i am unable to work. this is just a little bit of what has happened. acctually it is a friend of mine who received a head injury. go figure. what to do?


Asked on 10/20/10, 3:19 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

I am confused by the information you provided. The third party refers to the person who is not the employer or fellow employee who injured you. If you made a recovery against such a third party the WC carrier is entitled to either reimbursement of its payments or a credit against future benefits. The payments it made to its attorney comes from the money they get and not additionally from you. i do not understand why you were not paid for five years and what your own attorney did. And what is the connection with the friend with the head injury?

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Answered on 10/25/10, 11:00 pm


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