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Commutation and lawyers - Hopping Along - 07-28-2012

First post here. I'd like to thank everyone over the last several years that have been active on this forum. I have not needed to use it as most of the issues have been discussed at one time or another which has helped. Until now....

I am in California. While the insurance company is finalizing the MSA, the insurance company agreed to advance me some of the money off the back end of the settlement. The judge signed off on the commutation and the 10 day reject time for the insurance company passed without them rejecting it. How long does the insurance company have to pay out the commutation? Can I call the insurance company and ask them if the money has been sent?

I have tried over the last several weeks to get the answer from my attorney. We went to court for the judge to sign the paperwork regarding the final agreed upon rating and the payment of a portion of the attorney fees. All that went smoothly. Once that happened, I have only heard back from them once letting me know about the commutation. It seems that once they got their money, I have been put on the back burner. It is strange that after 3 years of getting a return call or email within a day or two that I cannot get any kind of response from them. And with the attorney still getting the rest of his fee once the MSA is figured out, I am surprised.

Should I worry? Is this the norm?

Thank you.


RE: Commutation and lawyers - 1171 - 07-28-2012

most awards are paid within 30 days.
I'm afraid it is.
the atty fee rules/system is another incentive for the injured to negotiate a lump sum buy out.





RE: Commutation and lawyers - Timothy Belt - 07-28-2012

(07-28-2012, 10:47 AM)1171 Wrote: most awards are paid within 30 days.
I'm afraid it is.
the atty fee rules/system is another incentive for the injured to negotiate a lump sum buy out.

If your attorney has been responsive up until this point, I would suggest giving him the benefit of the doubt. Attorneys have lives separate from their practices, and from time to time things will come up. That does not mean that he has stopped responding to you, it just means that he has been delayed by something else. I could be wrong, but in my experience an unresponsive lawyer demonstrates this trait much more quickly then three years and a settlement into your representation.

As to the obvious response that now he is getting paid and you don't matter anymore, that simply isn't true. Most of my current clients are the result of past clients referring their friends and family members. An unsatisfied client does not send more business your way, so the monetary incentive never truly goes away.


RE: Commutation and lawyers - Hopping Along - 07-29-2012

Thanks for the replies.

1st, when you say most, does a commutaion fall in that 30 day group? I tried looking for an answer through the mountains of documents from WC website, but could not. Do you have a written resourse? Also, could I call to see if the check has been cut and/or sent? Would they give me that information?

2nd, I appriciate the thoughts on the lawyer. There have been horror stories in the forum of bad experiences. It is true that after 3 years getting dropped like a hot potato would be odd. Getting their monies and no response for over 3 weeks from 2 lawyers working on my case just seemed hand in hand. I will do what you said and give them the benefit of the doubt based on history...for now.


RE: Commutation and lawyers - bronco54501 - 07-29-2012

you can sometimes check the status of a check through the ins... I can log in to my wc ins web site (Gab robbins) and they have a list of payouts...

As far as the attorney with no response from them, Timothy Belt I think is right on the money.. I have had various attorneys and my recent one handeling my claim and I wouldnt want thier work schedual... Lord forbid family matters would arise, nobody understands thier work loads.. If your only on the 3rd week on waiting give it another 2 weeks, then raise a little hell... You can always send him an e-mail or write a letter, have you asked his secretary...?


RE: Commutation and lawyers - Hopping Along - 07-30-2012

I tried to look through their insurance website and there is nothing like that there to see payouts.

Yes, I have asked both of their secretaries. After not getting a response for the first 2 weeks, I emailed both of them then called. They have been either in a meeting, on the phone or not in. This is the first time I cannot get either one (I have 2 that work my case). For the amount of money they got, I'd think they would get back to me like they have been...maybe even sooner. Maybe they are out celebrating (haha).

1171: in reply to your post, when you say most, does a commutation fall in that 30 day group? I tried looking for an answer through the mountains of documents from WC website, but could not. Do you have a written resourse? Also, though I have an attorney, could I call to see if the check has been cut and/or sent? Would they give me that information?


RE: Commutation and lawyers - Hopping Along - 07-30-2012

I tried to look through their insurance website and there is nothing like that there to see payouts.

Yes, I have asked both of their secretaries. After not getting a response for the first 2 weeks, I emailed both of them then called. They have been either in a meeting, on the phone or not in. This is the first time I cannot get either one (I have 2 that work my case). For the amount of money they got, I'd think they would get back to me like they have been...maybe even sooner. Maybe they are out celebrating (haha).

1171: in reply to your post, when you say most, does a commutation fall in that 30 day group? I tried looking for an answer through the mountains of documents from WC website, but could not. Do you have a written resourse? Also, though I have an attorney, could I call to see if the check has been cut and/or sent? Would they give me that information?


RE: Commutation and lawyers - 1171 - 07-30-2012

technically awards from the court have to be paid or appealed within 20 days (plus five if mailed) from the date of the judge's order.

see labor code 5903
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=05001-06000&file=5900-5911