Legal Question in Workers Comp in California

I was injured at work years ago and a QME put me at 1% disabled and the insurance company sent me a check for $690 plus medical which was fine with me....I received the check 7 years ago.....recently I insisted work let me be treated again as I needed a cortisone shot because my shoulder was hurting me and finally they sent me to the doctor, I received a shot and was again seen by a QME which I now noticed did not check a box saying what percent disabled I am.....received in the mail a notice from the insurance company stating they overpaid me $690 (7 years ago!) and I am to return the money immediately.....Do I need an attorney or is it too late and why do I have to repay this money years later???


Asked on 8/02/13, 6:36 am

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

write them that LACHES (sittin' around so long the claim is invalid) applies and no money is owed; you can't afford an attorney, just put in writing that waiting to purse any overpayment for 7 years is unreasonable because the records are destroyed.

Read more
Answered on 8/15/13, 1:02 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in California