Q: Is the insurance company still required to pay me PPD if my case is in the process of being settled?
My lawyer and I have signed the settlement paperwork and sent them off to the insurance company, but they have yet to send the paperwork back and I haven't received my check that is due.
A: Technically, yes; the insurer SHOULD be advancing permanent partial disability until it receives the Order Approving Compromise & Release Agreement. That said, you very likely agreed to waive any penalties due so long as the C&R totals were paid out within 30 days of the date the judge approves the C&R. Why you are asking here instead of writing the attorney to file for a status conference or -- better -- a DOR for a penalty on PPD for late PPD with no 4620 penalty is a mystery. You'll be paying this person thou$ands, you can and should insist they file a Declaration of REadiness to Proceed regarding a penalty on overdue PPD...when the hearing date is set, that defense attorney and adjuster will get that settlement to a WCAB Judge immediately.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
