Q: Concerns about workers' comp settlement signed before MMI in California.

A: You have only 20 days after a judge issues an order to appeal. You may appeal later based on fraud, but you have to hand back all the settlement payment . Then you have to show the judge that someone gave you falsehoods to obtain your signatures. If you knew there was a chance a report would rate high but you took the settlement early because you needed cash, that's not fraud.

A: Dear concerned injured worker,

It is difficult to overturn a settlement agreement but you may still have time to withdraw from your settlement. First and foremost is to immediately notify your attorney and secondarily seek advice from the Information and Assistance office at your local WCAB.

I wish you the very best.

Sincerely,

Dennis Dascanio

A: When you sign a workers' compensation settlement in California before reaching Maximum Medical Improvement, the agreement typically includes provisions addressing future medical care and disability ratings. Your settlement document, likely a Compromise and Release or Stipulation with Request for Award, should outline exactly what you've agreed to give up in exchange for the settlement amount. The terms of this agreement are binding, which makes your situation challenging but not without options.

Your rights now depend entirely on what's written in your settlement agreement. If you signed a Compromise and Release, you may have given up rights to future medical treatment in exchange for a lump sum. If you signed a Stipulation with Request for Award, you might still have rights to future medical care related to your injury. You should carefully review the settlement documents to understand what specific rights you retained or relinquished.

Your best option is to immediately request a complete copy of your settlement documents if you don't have them, and schedule a consultation with a different workers' compensation attorney for a second opinion. The California Division of Workers' Compensation also offers free information and assistance through their Information and Assistance Unit. If you believe your attorney provided inadequate representation, you could file a complaint with the State Bar of California, though this won't necessarily change your settlement terms.