What is Stipulation with Request for Award for Medical Care? If I change employers, who pays for medical care? Does this Award have a disadvantage for future employment opportunities?
2 Answers from Attorneys
You are only settling your permanent disability and you are still entitled to future medical treatment at the expense of the worker's compensation carrier. You are better off if you can settle by Compromise and Release so they pay you rather than keeping the future medical treatment open. (but they have to agree).
Please call us at 213-388-7070 if you need representation.
The document title is just STIPULATIONS WITH REQUEST FOR AWARD. it is NOT an 'award' of medicare care!!!! Adjusters mislead unrepresented people every day, claiming if they 'Stipulate' to 0% (as in NO money) then the judge 'awards' lifetime treatment which is a blatant lie.
Stipulations is just a word for Agreements. You and the insurance company agree on the body parts injured, the amount and dates you were to have received Temporary Disability Indemnity payments (if any), the amount of Permanent Disability on each injured body part, and whether there is "need" for future medical treatment on that body part. IT IS NOT A GUARANTEE YOU WILL EVER GET ANY TREATMENT on that injured body part.
AN AWARD ON STIPULATIONS IS ONLY THE RIGHT TO FIGHT FOR EACH TREATMENT MODE FOR THE REST OF YOUR LIFE.
A change of employers has no direct impact on the Award. That said, if you get worse and need a bunch of treatment while working for the new employer, the old Insurer has the right to "join" the new employer for CONTRIBUTION. The old Insurer can claim your new employer made your injury worse and they want a court order forcing your new boss to pay for some treatment on your old injury!!!
So most folks try for the "DIVORCE"-style settlement, the one cutting all ties, the Compromise & Release Agreement. Then if you get worse at the new employer, your new boss doesn't get sued. At least not by your old injury comp insurer.
If you do not to a Compromise & RElease and you settle by Stipulations, when the INsurer's MPN Doctor requests a procedure/medication and the UR Nurse approves it, the insurer pays everything.
Related Questions & Answers
Workers comp lawyer that will lake on an Indian reservation Asked 8/16/21, 10:26 am in United States California Workers' Compensation Law