Legal Question in Workers Comp in California

Re: Worker's Compensation

It is not required by law that you resign your employment if you want to cash out your benefits. I assume that all of the Permanent Disability, temporary disability and VR payments have been made. That means the only benefit you have left is your "lifetime" future medical care. You can opt out to settle that out, but make sure that they are paying enough. If you need a surgery, I would not recommend closing out the case by way of Compromise and Release.

Regarding the requirement to resign, as stated, it is not required, but not illegal or not a violation of the Labor Code. To close a case by way of Compromise and Release is completely voluntary by both parties. If they do not want to settle out without a resignation there is nothing you can do.

However, often times when a long time has passed since the settlement, the carrier may want to settle out as long as they are no longer on the risk. You should call the carrier and ask them if they are still insuring the company, if so, the will just leave the case as is. If not, they may be willing to settle by way of Compromise and Release. Remember, you have a "lifetime" award for medical care for your injuries, you should take advantage of that benefit if you are in need of further care and treatement to cure and releive the effects of your injury.

Since you still work there, if your condition worsens, or if you have another injury, you can always file a brand new claim.

If you would like to speak to me directly, you may email me at [email protected] or [email protected] or you may call my office for as many free consultations you may need.

SamuelL. Salazar

Attorney at Law

617 W. 7th. St. Suite 402

Los Angele, CA 90017