Q: can I Withdraw my signature from the settlement if it hasn’t gone through ?
I recently signed a SIp Feeling that it was a low offer but taking the deal is several months ago I was in desperate need of the money. It’s been several months and I keep getting the runaround from the insurance company. They claim information was filed wrong from the company I’ve worked with. Although I need the money at this point after all this time it feels pointless to wait. Is it possible to hire a lawyer now to take care of the situation since it really still hasn’t settled?
A: Look for a competent workers comp attorney right away. Insurance adjusters will always offer you the lowest amount possible. Plus it’s very possible that the judge will not approve it for that reason.
A: As long as there is no approval by a judge, then you can still withdraw from the settlement. Make sure to notify the claims examiner by phone and in writing that you are withdrawing from the settlement and seek legal assistance immediately.
A: YES. You have to make it crystal clear in writing: have the insurer's claim number AND the WCAB case number on the letter. attach the Proof of Service by Mail to the letter showing to whom you mailed copies of the withdrawal of assent to the PROPOSED STIPULATIONS WITH REQUEST FOR AWARD. INCLUDE a copy to the WCAB where you have an ADJ case number, the insurer/adjuster, the defense attorney, lien claimants like EDD.
ENORMOUS PROBLEM if you have no ADJ number assigned by the WCAB: the adjuster or defense attorney can take your signed Stipulations, go to the WCAB, get both the judge's approval and a WCAB case number at the same time, and the judge will never see your letter withdrawing your assent to the PROPOSED stipulations.
If there is no WCAB Case number, you might have to get to your nearby WCAB office, take your letter 'withdrawing your assent to proposed stipulations', meet with the Information and Assistance Officer, and request help getting a WCAB case number (not a claim number, a CASE number, these are different).
the good news is you have exceptional workers comp certified specialist attorneys there in Orange County (old law school buddy tom martin is the best). Get going with a CERTIFIED SPECIALIST attorney (never the TV Lawyers or things will get worse!).
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