Legal Question in Workers Comp in California

QUESTION: I was injured at work and had no problems with my case until now. I was injured in 2005 and signed settlement in 2008. Now I need further medical which was part of settlement, but when I called to ask about it they said I owed them over $6,000 in overpayments. Now it has been over 9 years since injury and over 6 years since I signed. And it wasn't until I called that they even told me about this. I have had not had any correspondence from them regarding this money until I asked for my medical. What do I do?

I, do not understand the answer given below. Can someone rephrase this in non-lawyer terms

PREVIOUS RESPONSE (ANSWER): IF you were represented, you need a meeting with your attorney and request a Status Conference regarding denial of future medical benefits as per paragraph 4 of the Stipulations with Request for Award.

If you had no attorney, you need to go over the signed Stipulations with Request for Award with the Information & Assistance Officer there at the San Diego WCAB. If the Stipulations With Request For Award do not contain written specifications that you were overpaid by $6000 and that you have to prove you have paid $6000 out of pocket for your medical treatment, then the insurer is unfairly refusing to provide Treatment in accordance with Paragraph 4 of your Stipulations and you can request both an Expedited Hearing on Treatment, plus another regular trial on Sanctions for unreasonable refusal to provide medical treatment.


Asked on 1/02/15, 7:36 am

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

Please either

(1) MEET WITH YOUR OLD ATTORNEY, THE ONE YOU GAVE THE BIG ATTORNEY FEE TO ALREADY ...HE ALREADY HAS YOUR MONEY, HE MUST HELP YOU

or

(2) meet with the Information & Assistance Office at the WCAB Office that approved your case.

THAT is as basic and oversimplified an answer i can possibly give.

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Answered on 1/02/15, 6:09 pm


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