Legal Question in Workers Comp in California

I have a workers' Compensation case and have been waiting for a settlement from my employer since I was declared permanent and stationary in Sept of 2013. I was just served with an ORDER SUSPENDING ACTION due to my company"s error; "no medical was filed with Stipulations". It also stated; WCAB served OSA compromise and release on my employer (PSI) for service on parties listed herein so ordered. ** This case will be set for Adequacy Hearing**. Should I be awarded further compensation due to my employer's errors?


Asked on 12/12/14, 9:08 am

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

No, the Labor Code offers no payments for a defendant failing to attach everything the judge wants to see.

However, you refer to the contract as Stipulations, then later you refer to it as Compromise & Release.

These are entirely different. IF YOU DID NOT sign a Compromise & Release agreement and the employer forged your signatures and initials and attempted to get it approved, then you may request a financial fine called SANCTIONS for somebody forging your signature.

If you signed both Stipulations With Request For Award ("Stips") PLUS the C&R, then no Sanctions are due against the employer.

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Answered on 12/30/14, 2:42 pm


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