Hello There, Guest! Login Register
Index    |     Search    |     Members    |     Help

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Comp & Rel
#1
I have an on going case and now it looks like I am being medically retired. I requested to settle via a Compromise and Release since I will be leaving the state and don't want to deal with payments.

My adjuster told me that she didn't believe my employer would do a C&R.

My questions:
1. Can I demand/compel a C&R?
2. Can I appeal that my employer refuses to provide a C&R?
 
Reply
#2
you can demand but not compel.
a Compromise & Release as it's title implies requires a negotiated agreement.
neither party can require the other party to agree to their terms.
before you are legally entitled to the appeal process there has to be a legal basis.
there is no law requiring they accept your settlement terms/amount.
the laws are different in every state so all of the above information may not apply since you did not specify your jurisdiction.
some states allow any permanent disability to be commuted into a lump sum.

put your demand in writing. if you make the amount low enough they may agree.
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.
 
Reply
#3
Thanks for the response.

I am in California and looking to go to Nevada.

As far the appeal, if needed, would the fact that I am out of state and the continuing medical care of the STIPS wouldn't be available to me out of state?
 
Reply
#4
medical coverage has to be provided no matter where you are located if it is awarded by the court in the stipulations.
without a supporting legal basis there is no grounds for an appeal.

a LEGAL basis means specific statute or case law precedent. not some reason you thought up or you'd like to be used or a rule you think should be or would be good. it has to be an actual law passed by the state legislature.
what basis in the california comp code requires the parties to agree? please post the citation. I know of none.

as I posted there is no law that allows either party to compel the other to agree to their settlement terms.
you can however obtain a court determination of benefits without the other parties agreement. the court has no authority to require lump sum payment of an unknown value of future treatment.
if you are attempting to settle your claim and are unfamiliar with the comp laws you will likely benefit from legal representation.
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.
 
Reply
#5

I recommend hiring an attorney for this.

You cannot make the IC C&R and it is 100% up to them if they want to do this. They could offer a settlement that is not fair if you appear desperate to settle.(JMO)If you are receiving SSDI they have to do a MSA.
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.
 
Reply
  


Forum Jump:


Browsing: 1 Guest(s)