Q: If 100% disability is determined can insurance company avoid paying indefinitely or is there a time limit?
I was awarded 100% disability 2 years ago and although my attorney has been paid in full, the insurance company is essentially refusing to pay me the awarded funds. Is it legal for them to run me around indefinitely or is there a time frame for which they must work out either the compromise and release or a structured settlement.
A: Insurers are NEVER required to enter into either a structured settlement or a compromise & release agreement. The California Labor Code requires that the insurer pay out the Permanent Disability indemnity ordered by the judge and nothing more; if there is an award of 'future medical care' then the insurer must provide this but only following the current horrible regulations (which means they just deny care by Utilization Review then the IMR doctor denies the treatment on appea). So, given the current state of the Labor Code voted in by your Assemblywoman and your State Senator letting them deny all treatment, yes the insurer can continue denials indefinitely. Your opening claim of 100% cannot be possible, because people found 100% get an AWARD of Temporary Disability payments for life, 100% injured workers never run out of permanent disability money. So your award is for a lot less, less than 70% if your money ran out.
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