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EDD Lien Against W/C Settlement
#11
DID YOU HAVE TO GO TO A DEPOSITION?
I HAVE A DENIED CLAIM AND ATTORNEY SAYS THE INSURANCE COMPANY CAN DO A DEPOSITION. I WAS ASSAULTED AND INJURED MY FOREARM AND ALSO SUSTAINED PSYCHIATRIC INJURY.
I AM AT THE POINT THAT I DON'T WANT TO GO TO A DEPOSITION, SO AM CONSIDERING WALKING AWAY. REASONS FOR NOT WANTING TO GO TO A DEPOSITION INCLUDE, HAD A HARD LIFE AND DON'T WANT TO TALK ABOUT PAST. ALSO, IF I GO BACK TO WORK, I CAN ALWAYS FILE ANOTHER CLAIM IN THE FUTURE IF IT'S PRETTY SERIOUS AND THEN DO THE DEPOSITION. I ALSO DON'T WANT TO GO BACK AND TALK ABOUT MY PAST MEDICAL RECORDS. I HAD EDD SINCE JANUARY SO, WAS THINKING OF WALKING AWAY IN ANOTHER 6-WEEKS.

Try not to let this get to you. Please know the work comp process moves VERY slow, and sometimes takes a few years with a denied claim. It will be much better for you to be patient. Walking away only helps the insurance carrier.

I recommend to try and do other things to keep your mind off of this.

My opinion is if your claim stays denied, and is ruled by a judge that the injury is not work related, then nothing changes as far as state disability. There is nothing that you have to pay back to state disability when a claim is denied. They place a lien on their payments for you. If your claim is accepted, and an AME/QME states you should have been off of work during that period, the insurance company will then have to pay state disability back, as you should have been receiving TTD payments from workers compensation.

Before you sign your settlement ask your attorney to explain everything, and what amount of money will be paid to you AFTER all liens etc are paid (if you get a settlement, unknown).

Things you may lose if you walk away from your claim. PD payments, (if you get a rating that shows permanent disability). Possible C&R settlement money, if you are offered this to close out the medical in your claim, and agree to this. Future medical treatment for this injury, and further injuries relating to this which they pay 100% of not like private insurance. Reimbursement for mileage to and from doctors appointments (keep track of this and dates, doctors seen and round trip mileage, because if your claim is accepted, they will have to pay this money to you). I would also keep track of any out of pocket expenses like medication co-payments, etc for this injury, as that may also be reimbursed if the claim is proved work related, and those treatments are ruled by a judge to be reimbursed to you. If your injury flairs up and you need to be taken off of work, you can receive up to 104 weeks of TTD payments, as opposed to state disability which is only a year. You can also lose current job protections if you walk away from your claim, and need restrictions from your employer to work. The employer may try to fire you for some BS reason, and you will not fall under the protections of being an injured worker, and able to file 132a against them, if you no longer have a work comp claim.

One other thing I have read can happen if an injured worker is treated on a lien basis with a doctor and walks away from their work comp claim, the doctor, MRI facilities etc have requested reimbursement of ALL of their costs from the injured worker (rare but I have read about it).

Before you decide anything, I recommend discussing this with your attorney. If you are having difficulties with him not responding, I recommend making a face to face appointment, or phone appointment with him. Write down all your questions before hand. Try to be patient with your attorney, it may be very difficult to find another one with a denied claim. The number one reason injured workers fire their attorney is communication issues. This may be resolved making an appointment. I would discuss your concerns with him, but really, the state disability issue will only be determined IF you claim is deemed work related. Your claim is not at that point yet, so I would not be too concerned about state disability and your settlement at this point.
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#12
you should start your own thread so as not to confuse others that are looking for different topic.

each state has different rules; in many you can file for a new injury but not for this same injury.
P.S. your caps lock is on...turn it off.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#13
Work comp laws are state specific.

I don't think you can walk away and then claim later. There are statue of limitations issues. I would discuss this with your attorney. I assume you have one.

In a psych claim they can ask you personal questions in a deposition. I would discuss your worries with your attorney and he can tell you what occurs in a deposition, then you can decide f you want to move forward.[/b]
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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