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stipulation award payment timeframe?
09-03-2008, 03:40 AM
Post: #1
Question stipulation award payment timeframe?
Hi,

I just recently settle my case under stipulated award finding near the end of july of 08. I was wondering how long does it take to receive my payments. I suppose to receive about 10,000 of which 9000 is already due to me. I try contacting my lawyers but they haven't call me back every since we settle. What can I do to ensure that I receive my payments if my lawyers doesn't contact me back because it hard to track them down. I left messages and email and they never got back to me. Am I screwed? Appreciated any help I can get thank in advance. I live in Northern California.

Also what happens if I hired a differnet lawyers after my case has settle, do I still have to pay the other lawyers that I can never get a hold of?
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09-03-2008, 11:55 AM
Post: #2
RE: stipulation award payment timeframe?
When I went to my hearing I did not have a lawyer and I was awarded 10% for my PIR rating. I received a notice in the mail of the verdict of the labor dept. thirty days after the hearing that I should be awarded the 10% and that they found the IC doctor more credible.

I waited almost 3 weeks and decided to call the IC adjuster because I had not received the award yet. He told me he forgot when he thought of it a week before and would send it right out that day I called. The next day the check was stuck in my door from Fedex.

I believe after the verdict they are suppose to pay you within 30 days or immediatly. Because you have a lawyer I would imagine you do have to go through him as you cannot call the adjuster yourself. I would at least contact the labor board and find out why it has not been paid.

carpal tunnel recurrence/ neuropathy / RSD.
1/29/07 injury date. Permanent. PIR settlement 8/4/08 10%
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09-03-2008, 08:46 PM (This post was last modified: 09-03-2008 08:47 PM by 1171.)
Post: #3
RE: stipulation award payment timeframe?
You are entitled to reasonable advances until the stipulated award is approved by the comp judge.
Yes you have to pay prior lawyers for services performed before you switched. You can object to any atty fee award.
Generally there is one fee that is shared.
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09-05-2008, 12:43 AM
Post: #4
Question RE: stipulation award payment timeframe?
1171 Wrote:You are entitled to reasonable advances until the stipulated award is approved by the comp judge.
Yes you have to pay prior lawyers for services performed before you switched. You can object to any atty fee award.
Generally there is one fee that is shared.

The worker comp judge approve my stipulation near the end of july. So the case is settle. But if I want to reopen my case again and want a different attorney, do I still have to pay my previous lawyer? Plus how long does it take to receive my checks, and does anyone have the phone number in Northern California to check if they have sent my checks. Thanks
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09-05-2008, 01:58 PM (This post was last modified: 09-05-2008 02:02 PM by 1171.)
Post: #5
RE: stipulation award payment timeframe?
If there was a previous stipulation then the atty fee should have been fixed and paid at the time the award was issued. Unless there have been legal services since then you should not have to pay any additional fee to that atty.
it is a bit unusual to want to change the agreement within 6 weeks of approval.
who is the "they " you want to call? generally payments or an appeal has to be filed within 30 days of receiving the award.
each case has a different employer/carrier/ adjuster--there is no one number to call for payments on all work comp claims.
P.S. there is a 5 yr window from the date of injury to allow a reopen.
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09-08-2008, 11:07 PM
Post: #6
Sad RE: stipulation award payment timeframe?
1171 Wrote:If there was a previous stipulation then the atty fee should have been fixed and paid at the time the award was issued. Unless there have been legal services since then you should not have to pay any additional fee to that atty.
it is a bit unusual to want to change the agreement within 6 weeks of approval.
who is the "they " you want to call? generally payments or an appeal has to be filed within 30 days of receiving the award.
each case has a different employer/carrier/ adjuster--there is no one number to call for payments on all work comp claims.
P.S. there is a 5 yr window from the date of injury to allow a reopen.
[who is the "they " you want to call?] I cannot get a hold of my lawyer when the stipulation settlement was done. I try to call my lawyer, sent emails, and left messages on their phone and they never answer back. So right now I haven't receive any check and don't know what to do. So if pretty much I feel like I'm screwed! So if I cannot reach my lawyer, what can I do? who can I call to get things straighten out? Please help.... (Bay Area Northern California) Thanks in advances?
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09-09-2008, 12:33 AM
Post: #7
RE: stipulation award payment timeframe?
you can call the carrier or adjuster to receive an accounting of the monies paid and owed.
you can contact the state bar to file a complaint about your lawyer.
http://www.calbar.ca.gov/state/calbar/ca...79&id=1144
you can dismiss your lawyer and represent yourself to file for new court hearing in order to get a clarification and/or payment or penalty on the original award.
http://www.dir.ca.gov/dwc/Dismissalofattorney.pdf
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09-09-2008, 03:10 AM
Post: #8
RE: stipulation award payment timeframe?
Or you can contact the labor board and say that you have not received your monies yet from the hearing. I would also go down to the lawyers office and sit in the waiting room till someone got in touch with the lawyer and found out where your money is. Sounds like this lawyer was a problem from the beginning. I am sure if they got the check, the lawyer got his/her money.

I did not hesitate to call my adjuster. But then again, I did not have a lawyer. When I got my award last month, I got a notice in the mail that I was to receive 10%. Took me three weeks and a phone call to get the adjuster to send it as they sat on it for a few weeks. I do not care HOW busy they are. They should of sent it right away. It took him 2 mins. to put it in the mail after I called and fedex'd it the next day. There is a penalty for paying you late.

carpal tunnel recurrence/ neuropathy / RSD.
1/29/07 injury date. Permanent. PIR settlement 8/4/08 10%
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09-09-2008, 03:47 PM
Post: #9
RE: stipulation award payment timeframe?
sparkey Wrote:Or you can contact the labor board and say that you have not received your monies yet from the hearing. I would also go down to the lawyers office and sit in the waiting room till someone got in touch with the lawyer and found out where your money is. Sounds like this lawyer was a problem from the beginning. I am sure if they got the check, the lawyer got his/her money.

I did not hesitate to call my adjuster. But then again, I did not have a lawyer. When I got my award last month, I got a notice in the mail that I was to receive 10%. Took me three weeks and a phone call to get the adjuster to send it as they sat on it for a few weeks. I do not care HOW busy they are. They should of sent it right away. It took him 2 mins. to put it in the mail after I called and fedex'd it the next day. There is a penalty for paying you late.
Does anyone know the phone number or email address for the labor board in Northern California ( Oakland, CA). I try looking for it but have had no luck. Thanks for all the reply..
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09-09-2008, 03:56 PM
Post: #10
RE: stipulation award payment timeframe?
Call this number to obtain the information your seeking;

National Contact Center at 1-866-4-USA-DOL (1-866-487-2365)

Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
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