Legal Question in Workers Comp in California
if a workerscomp case is settled and the judge has siged and compensation is going to be paid out can the company arbitrarily withhold monies they paid to me but left out of the final settlement without a administrative hearing?
Asked on 3/30/10, 1:30 pm
1 Answer from Attorneys
George Shers
Law Offices of Georges H. Shers
Whatever the award states is the sum that must be paid until the comp. carrier gets the award amended. If it is not a lump sum that is awarded then obvioulsy the can hold up on the portions not yet due. But if the award merely states that the carrier is given credit for sums paid but does not state what that amount is, the carrier can take credit for what was paid even if they gave you a wrong figure, unless you would not have settled had they given you the correct figure.
Answered on 4/04/10, 10:29 pm
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