Redlands, CA asked in Workers' Compensation for California

Q: In 2003 I received a worker's comp check for $41,000 from Disney. I gave it to my mother, now she refuses to return it.

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1 Lawyer Answer

A: Injured workers must assert their rights very quickly, including getting a replacement check. You had 6 months in which to demand the check that you gave Mom cancelled and new check be issued. After that, the insurer is allowed to assume you got your payment and it can close it's file and no further payments or action is necessary. So even if mom returned the check today, you could not cash it, it has no value, and Disney has no requirement or obligation to issue any new checks.

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