Compromise & Release ?'s

[msn]

What is the name of your state?What is the name of your state? California

My attorney believes signing a C&R is best as there is a "Thomas" finding involving a statute of limitations issue which is legitimate. Where I have a problem is with the release of future medical. I have very good private insurance which (so far) has paid 100% of my bills. There are exclusions in their policy documents regarding WC, for example, one says:

"Charges for services and supplies in connection with any occupational injury, illness or disease arising out of and in the course of employment with any employer...if the employer pays for such charges or you waive or fail to assert your rights with respect to such charges."

I have been told there is (and will be) no finding of injury with this settlement, so there should not be any issue with health insurance. To be frank, I don't trust insurance companies, and my medical bills have been in excess of $100,000 so far this year. My lawyer says he's never seen it happen, but can't rule out the possibility.

If we proceed to trial, we will most likely lose on the statute issue. If I sign the C & R, am I likely to lose health insurance coverage for my condition?

Any advice appreciated.

 

[Arcari]

Compromise and Release- part 1

There are 2 kinds of settlements:

1.- Compromise and release (also known as C&R)
the settlement ($) of your case will depend on the severity of your injury and on which settlement option you use.

With C&R the Ins. Co. pays you your entire settlement in one lump sum.
The Ins Co pays you a sum of $ to buy out your right to future med treatment, (if agrees with your primary treating doc or an QME that you need future med treatment), you add this amount to your settlement amount.
Also, the Ins. Co may buy out your right to reopen your case, you also add this amount to your settlement.
By doing this, you agree to give up all rights to future med treatment, and the right to reopen your case within 5 years from the date of your injury (DOI), you will not be entitled to any additional $.(if you have a new
and further disability stemming from the original injury).

 

[Arcari]

Compromise and Release- part 2

2.- Stipulations with request for award: (also known as "Stips")
- permanent disability award is paid every 2 weeks (not in a lump sum) until it's totally paid to you or until you die, whichever comes first, if you die, your surviving dependants (kids, spouse) will receive any unpaid permanent disability payments due on the date of your death, but NOT afterwards!
- future med costs are paid by Ins. Co. to cure or relieve your work injury as indicated in your med reports, this may include medications, P.T. and surgery, doctor must say in report type of treatment you'll need.
- you may reopen your case if your med condition worsens and results in an increase in your permanent disability, then you may be entitled to additional $

if you know your injury will require costly surgery and settle by C&R, you may find out later your med treatment will cost much more than you received. it's better to request quotes on the type of surgery you may need and treatment, then you'll be better prepared to know how much you should receive if you buy out your future med treatment if you so decide. (this is just my personal opinion, not a recommendation to you, the choice is yours). Remember also that the W.C. law is changing in CA, discuss this with your attorney. Good luck ;-)