Legal Question in Workers Comp in California

Permanent Disability Payments
The Disability Evaluation Unit completed the Summary Rating Determination for my case. Rating of 52% was calculated.
The Insurance Carrier/ Case manager is disputing the rating and has requested reconsideration of the summary rating to the Administrative Director.
This occured on 2/11/99. Today is 5/22/99 and I have not heard anything from the case manager.

Here is my question: Is the Insurance Carrier suppose to start paying me the permanent disability benefits even though the Rating is under dispute?? I read somewhere that the payments are supposed to start 14 days after I stopped receiving the temporary disability benefits. Also, is there a set lentgh of time that the dispute can linger on for?? I feel as if the Insurance carrier is just stalling so they won't have to pay out to me.

I am not represented by an attorney. Should I get one?

Asked on 5/22/99, 5:50 pm

John Hayes The John Hayes Law Offices

0 users found helpful

0 attorneys agreed

Re: Permanent Disability Payments

I would get an attorney right away. In California

a judge determines how much is paid to your attorney

so you don't have to worry about a large fee. It

is usually between 7 and 10% of the settlement. The

insurance company will stall for as long as possible

because they don't want to pay you any money and they

hope that you will get so burnt out on waiting that you

will drop your claim. You need to hire an experienced

workman's comp attorney. Ask around for referrals. A client

that is willing to give an attorney's name to their friends usually

means a satisfied client so the attorney is probably

doing something right. If you still have questions

please feel free to email me at [email protected] or call

me at (805)546-9918. I would be happy to give you

a free consultation.

Answered on 6/08/99, 7:49 pm

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