Tuesday, July 22, 2014

I was granted lifetime medical in calif in 2009. When this was awarded I received money minus what they had paid me in weekly work comp paym...

Question

I was granted lifetime medical in calif in 2009. When this was awarded I received money minus what they had paid me in weekly work comp payments. Now, they are wanting to settle the lifetime medical and I am ok with that to some extent. If I was to settle, do they reduce my settlement and take back the money they already spent on medical for me like they did with my weekly benefits?



Answer

The settlement is for what you and the adjuster agree to in writing.

IF THE COMPROMISE & RELEASE AGREEMENT contains an agreement that the insurer 'takes credit' for all sums, then sums paid will be subtracted -- that's what 'taking credit' means.

INSIST that the Compromise & Release Agreement is for "NEW MONEY". A New Money agreement starts from zero and you keep everything to which you agree, no deductions.



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