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  1. #1
    Join Date
    Nov 2007
    Posts
    28

    Default Waiting to Settle

    My workers compensation claim was made in the State of:

    Hello , everyone. Well you have not heard from me because I was going to settle my case. The day before the hearing they decided to settle. I agreed on the amount. That was 7 weeks ago and still no papers??????? I just keep being told excuse after excuse from my attorney. What do I do now???? If God can create heaven and earth in 7 days you would think they could put some papers together in 7 weeks???

    Thanks to you all

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Help.wating Wating Wating to Settle

    What's to do...?
    You can't force a settlement/C&R to your claim... the person making the jestures to your attonrey may or may not be in the position to make the final decision on the settlement offered.

    The documents, IF this is approved, would first have to be typed, sent to you/AA for signature, then to a WC board/court for review to adequacy and approval by a judge/commissioner, and then retured to the IC for a check to be drawn. All this can take a significant amount of time.
    I just keep being told excuse after excuse from my attorney.
    Unless your AA has actually been in contact with the CA/IC there is nothing to tell you but a stab at an 'excuse' to placate you while waiting for some type of action....

    If God can create heaven and earth in 7 days you would think they could put some papers together in 7 weeks???
    Certainly you're not attempting to make the comparision between "God" and your CA...(?)...(Some) CA's have difficulty getting to work on time, it wouldn't be fair to present them with eccleasiastic discussion of how long it took God to create the universe...

    You know by know, having been exposed to the WC process/system...nothing moves faster than a snails pace...you'll just have to wait this out.

  3. #3
    Join Date
    May 2008
    Posts
    239

    Default Re: Help.wating Wating Wating to Settle

    don't know much about the state law, just wanted to express my frustration for you....I'm sure Bvia (at least i hope) did not really think you were comparing them to God, I understand that it was a figure of speech, and understand your frustration in this waiting game. I hope for your sake they move on it soon....
    take care and good luck!

  4. #4
    Join Date
    Nov 2007
    Posts
    28

    Default Re: Help.wating Wating Wating to Settle

    Yes, I appologize for my reference to God creating the earth in 7 days and meant nothing more than I "have had it". The settlement amount has been decided and "agreed" upon so now I guess I just have to wait. My frustration level has reached a new high and just when nothing could surprise me anymore.

    I am sure they are in no hurry as they don't have bill collectors after them.

    I thank you both your responses. I am guessing this will be a test of my patience.

    thanks again

  5. #5
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Help.wating Wating Wating to Settle

    set another court date; that's the only thing that keeps cases moving. don't cancel it without a check in hand otherwise you'll have do it yet again.

  6. #6
    Join Date
    Oct 2008
    Posts
    6

    Default Re: Waiting to Settle

    I would also like to add that all of the clinics that you were treated at also have to agree to the paper work as well and could be draging there feet.

    GOOD LUCK TO YOU !!!

  7. #7
    Join Date
    Dec 2006
    Posts
    2,169

    Default Re: Waiting to Settle

    Mexi, first, congratulations on you settlement! Now, a LOT depends on you State Laws, as to how LONG the IC/CA has to actually PAY on the settlement....Here in CA its approximately 30 days, and of COURSE, the IC will NOT pay EARLIER if they don;t have to, because they are earning INTEREST on the money!!!!

    ALso, it takes time to actually draw up the settlement papers, and then, they need to be REVIEWED by your atty, just to make sure that the settlement, as expressed in WRITING does not contain something that was NOT part of the verbal agreement, or worded in such a way that could be AGAINST your best interests.

    After THAT has been accomplished, then the settlement must go to the WC JUDGE, so that HE can review it for "adequacy". Once the JUDGE approves the settlement, then depending on the WC laws in your state, THAT is when the clock starts to tick as to WHEN the IC's dead-line to issue the check runs....

    FINALLY, and it depends on the terms of the settlement, USUALLY the IC sends the entire settlement check to your attorney, who then places it his Firm's escrow account, and must wait the the ten days to ensure that the IC check CLEARS. The Atty may then cut you YOUR check, minus HIS attorney fees....

    SO, try to be PAITIENT, BUT, call your attorney and VERIFY what the actual process is under your State's WC laws, and what PENALTIES and INTEREST may be due you from the IC if they do NOT pay your settlement in a TIMELY manner, as specified in the agreement and by law....

    HANG IN THERE! You made it THIS far, right??? Don't let the IC try to ruin your good mood for HAVING settled!!! Just try to envision their "grunting and groaning" when they have to SIGN THE CHECK, which just MIGHT include PENALTIES PLUS PRE-SETTLEMENT INTEREST!!!! !

    Let the YOURSELF have the "last laugh" !!!!!

    Keep us posted!

    Charlie

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