Q: Can workman's comp start paying you money out of a proposed settlement that you didn't accept yet?
A: 'Permanent Disability Indemnity' advance payments are required by the Labor Code: when an adjuster is made aware there is permanent disability, she is required by law to start paying PPD (permanent partial disability) checks every two weeks up to a 'reasonable' amount. The adjuster is not paying on some settlement to which the parties have not agreed, the adjuster is just following the code. If the parties never agreed and went to trial, the judge would fine the insurance company if the adjuster failed to pay some PPD payments during talks and negotiations. If the insurance company were audited by the Audit Unit and the QME rating showing permanent disability was found but no PPD advances were made, the Audit Unit could heavily fine the insurer. So, whether or not you and and adjuster agree to any settlement (or go to trial), (1) the adjuster is required by law to make some PPD payments, and then (2) the WCAB judge is required by law to deduct those PPD from whatever final award is issued (as partial payment towards that award), whether or not the worker wanted the PPD payments.
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