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C&R settelment opinion/advice
#1
California WC

can a defendant's attorney reserve the right to subpoena or depose me after i signed a C&R settlement? 
i am the employee and have been offered a draft of a C&R settlement for my workers compensation case ( in CA), in it the defendants attorney stated that "AS AN EXPRESS CONDITION OF THIS SETTLEMENT, APPLICANT AGREES TO MAKE HERSELF AVAILABLE, IF REQUESTED BY NOTICE FROM OR BY SUBPOENA ISSUED ON BEHALF OF A PARTY TO THE CONTRIBUTION PROCEEDINGS, FOR ANY FURTHER PROCEEDINGS RELATED TO CONTRIBUTION, INCLUDING FURTHER DEPOSITION AND/OR ARBITRATION TESTIMONY AND PQME/AME MEDICAL EVALUATION, OR TRIAL TESTIMONY."

if the case is settled why would they need this clause in it? my attorney recommends i should just sign as is and cannot provide me a good explanation or reason why this is included.

any ideas or suggestions would be great.
 
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#2
yes, they can make it a condition in the terms of settlement.
you can try to negotiate it out or reject the settlement as it is written.
no comp claim can be considered settled until the court has issued its written approval.
your case maybe settled but it seems they still have a claim for part of the costs against another employer/carrier.
the additional requirement/wording should have been discussed prior to a verbal agreement among the parties.
you can line it out with your initials before signing.
maybe you can negotiate a higher amount if they really want the conditional wording.

it also could be just a boiler plate template that was mistakenly used on your claim.

P.S. it may be difficult to enforce as once you have the money in hand it would be a bit of trouble to get it back if you failed to live up to the conditions.
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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