Settlements in CA Workers’ Comp

There are two types of settlements in California workers’ compensation cases:
  1. Stipulations: This occurs when the parties agree to a permanent disability rating based on the medical conclusion of a doctor (either a primary treating physician, a qualified medical examiner, or, if an injured worker has legal counsel, an agreed medical examiner). “Stipulations” is a fancy word for agreement, and what this document is agreeing to is primarily the permanent disability percentage (and the corresponding money) and which injured body parts are covered in the claim.

    Future medical care is left open under Stipulations and covered by the insurance company per the rules and procedures of workers’ compensation.

  2. Compromise & Release: This is a complete closure of the case wherein the parties agree to either a lump or structured sum that is effectively a buyout of the injured workers’ medical care.

Please note there are numerous complexities involved in either settlement, such as concerns regarding Medicare, any injured body parts the insurance does not want covered, life pensions, “voluntary” resignations from the place of employment where the injury took place, permanent disability ratings, disputes over the job title of the injured worker, and whether the doctor’s report the settlement is based upon is sufficiently adequate (to name a few).

Please contact Ferchland Law Office today for a free consultation for further information, especially if you feel the insurance company is trying to force you into a settlement that just doesn’t feel right.