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Never say never
#1
Hello,  I never thought I’d be back to ask a settlement question, but here I am and need direction/help. I’ll try to keep it brief. 
From California and repped. 
Stipulated my case in 2011, leaving Medical open.
MSC requested by defense late 2017 stating settlement requests have been ignored by attorney. IDK??
Offer was exactly what CMS approved for MSA, plus attorney fees. 
However, according to my attorney, a rather large mistake was made in the 2011 stip payment which was not caught until now.   He stated that defense will pay this error to me as a separate transaction ONLY if I accept the C&R offer on the table.  Alternative choice would be to reject the C&R, leaving Medical open, and go after the Stip error with interest of 7% per year.  My question to him is why would the IC not have to pay interest if I settle C&R, since it’s their error and a separate transaction anyway. I’m also wondering if there is any penalty due as well as interest.   The whole thing sounds hokie to me.  Thank you.
Let Go, and Let God......
 
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#2
without knowing the details of the error its difficult to speculate. Not all errors are treated the same.
They can't force a settlement; push issue to a hearing. What can you lose?
The court will rule on penalty & interest.
Signature/Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information.........
 
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#3
Thanks 1171.  I was told “underpaid money owed” as a result of IC error. I don’t know the details or why it wasn’t caught before.  I’m guessing TTD was miscalculated from rating.   It only makes sense that the error stems from the stipulation because my attorney did say if we pursue the error and not C&R, then interest would be calculated back to the stip date.  Said nothing about a penalty.
Let Go, and Let God......
 
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#4
Seems kind of sloppy your atty didn't catch it at the time.

If the TD periods on the stipulation are correct but they under paid, then both penalty and interest are owed.
If they do not voluntarily pay the automatic penalty then the court can award penalty on value of the entire stipulation-- not just the amount delayed.
Signature/Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information.........
 
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#5
Thanks again 1171. Do you have a code reference I can use? My attorney didn’t seem like he reviewed my case before MSC. Judge took off record until he and DA could get their act straight. Wasted day.
Let Go, and Let God......
 
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#6
My case almost went the same way in Md, but my wife caught it at the table.
There were some red faces that day.
They ended up writing a seperate check with the interest included
 
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#7
Labor code 5814 covers penalties.
https://www.dir.ca.gov/dwc/educonf12/5814/Penalty.pdf
Signature/Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information.........
 
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#8
Dusty boy, Glad your wife caught the error. Mine wasn’t obvious on stop settlement. Just dollar amounts were listed with no calculations.
Let Go, and Let God......
 
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#9
1171, just what I need. Thanks a bunch. Have a Merry Christmas.
Let Go, and Let God......
 
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#10
Stay well.
Signature/Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information.........
 
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