Legal Question in Workers Comp in California

I am waiting for medacare setaside to end my suit,only to find out they just waited for over 90 days to even send it .can I file a complaint about this lack of effort by them


Asked on 3/31/13, 2:17 pm

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

Sadly, no. There is no 'complaint' body in the WCAB. You would have the same Permanent Partial Disability Indemnity payments due you whether it went to CMS now or in January.

If you could somehow show you recovery was reduced or diminished by "them" (your attorney?? Defense Attorney?? Insurance adjuster??? which 'them'????), you might ask the Workers Compensation Judge for an order for that money you lost by waiting 3 months.

But you should be getting the same Permanent Disability advance payment you would get every two weeks, making the only difference the 'credit' requested by the insurer will have a few months more of Permanent Partial Disability payments than initially expected.

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Answered on 4/01/13, 4:55 pm


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