Los Angeles, CA asked in Workers' Compensation for California

Q: WC adjuster takes forever in medical settlement. Says he's working on rating but its been rated weeks ago.

Injured (severe epicondylitis). Opted to delay surgery. Deemed MMI. WC adjuster says he's working on medical and settlement offer. Says he's waiting on rating. Then says he received rating in which I'm was to get comp for about 20 weeks including medical. Wanted to settle the medical cost and he said he needed rating. Been calling several times for weeks and he would respond to my call every month or so. Its been four weeks since he said the numbers would be in but I thought they were since it was PMI and he said he had a rating that gave me the number for the comp I'm receiving now. I feel silly and quite frustrated calling and calling him and was wondering how to proceed. And am I aggravating the situation by calling him a couple times per week?

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1 Lawyer Answer

A: Adjustors dismiss calls by the 100s all day. Calling over and over makes you look very desparate, like you will take 10-cents on the dollar just for any cash right now. The more you call, the less you adjustor will request to settle future medical rights. ABSOLUTELY EVERY COMMUNICATION WITH AN ADJUSTER SHOULD BE IN WRITING. Never expect an insurance adjuster to respond to any demand, you are not paying their salary. The adjustor has only one job: to pay you the VERY LEAST amount of money possible but still get a judge to approve it. Why insist upon then wait and beg for the very lowest amount possible? If you will not get an attorney, Schedule a meeting with the Information & Assistance Officer at the WCAB office where your application should be filed, and request (1) a copy of the DEU rating of the MMI report then (2) the dollar value of the permanent disability on that rating. THEN you make a demand based on this information and when the adjuster fails to respond, you file a DOR requesting a trial.

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