Asked in Workers' Compensation for California

Q: Can I demand that I'm settled out on future medical? And do they have to come to a settlement agreement? Or refuse me?

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2 Lawyer Answers
Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: You can suggest a Compromise & Release Agreement wherein you surrender you future medical rights for cash BUT the insurer is under no requirement at all to provide such a settlement.

Instead of demanding they cash out your future medical rights, consider getting a lot of medical bills and requests to come across the adjuster's desk. when the adjuster is sick of your doctor's bills and reports and requests, she is more likely to recommend a higher settlement amount. so spend all your energy and time getting treatment from MPN doctors, and i'll be you see a settlement offer come from the insurer to get rid of you.

Ruben Montoya
Ruben Montoya
Answered
  • Workers' Compensation Lawyer
  • TUSTIN, CA

A: You can demand however the work comp insurance is not obligated to settle out your future medical just "provide" it. The WCAB cannot obligate them to settle your future medical. If you want to settle your future medical treat and the more it cost them the more likely they are to settle your future medical. Good Luck.

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