W.C. Overview

UCR Ext.

5/13/02

 

Compromise & Release                                                            Stipulations & Award

1.            Applicant gets lump sum.                                         1.            Applicant gets to keep

open future medical care

2.         Carrier gets to close the file.                                     2.            Carrier gets to make

biweekly payments

 

Is not an admission of fault or anything,                                   Usually only one date of

Is a settlement document.                                                        Injury and one body part list.

 

Is witnessed or notarized.                                                         If paid at less than max., may

                                                                                                Include wage statement as

132a and work resignation are not                                           proof of adequacy.

supposed to be a part of this, but is

often included in addendum.                                                    Also assigns a percentage of

                                                                                                disability to applicant, great

Considered final 20 days after signing.                             especially if applicant is still

Can mutually agree to 30 days.                                        working for employer.

 

Each party gets one request automatic for reassignment of judge without saying why.  Only an option before a trial.

 

“We have to look at the big picture and look at what the parties were considering when they came up with their figures.”

 

Parties can submit settlement documents at any time, even if up on appeal.

 

In future medical $5,000 or less is considered conservative, and if looking at surgery will likely be $10,000 or more.

 

If applicant has a 90% case when can take 10 years to payout and applicant dies in year 3, dependents get nothing.  However, the dependents can file a separate death claim if heath was from the Workers’ Compensation injury.