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  1. #1
    Join Date
    Feb 2010
    Location
    Northern California - The Great State of Confusion
    Posts
    4

    Default C&R or Stip - Case Close to Settlement

    Brief history:
    Injured 08/07 to lower back. Surgery, fusion L5-S1 07/08. P&S came back 20%. Trying to decide Stip and Award or C7R.

    OK...My questions are as follows:

    1) If I choose the stip and award with open future medical, this only covers the original injury correct?

    2) If I choose C&R then the case is closed on this injury forever?

    3) If I injure , which most cases show will happen eventually (but hope against hopes it NEVER happens again), a disc above or below at a new job, and the doctors state that it is in direct corallation to the previous injury, then the IC that worked the case on the original injury is responsible for most of the care? or not?

    4) I guess basically, my main question is if I take the C&R is my current IC liable for injuries that happen in the future to other parts of my back? I don't want to screw my family because I know how much they spent on my back already, and I don't think I could ever afford that on my own.

    This site is great, I just couldn't find the answers I needed so that is why I am posting. Thanks in advance for any and all help/advice in this matter.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: C&R or Stip.case Close to Settlement

    1) If I choose the stip and award with open future medical, this only covers the original injury correct?
    Right... under the same procedures you face now
    2) If I choose C&R then the case is closed on this injury forever?
    Right...but keep in mind, you can't force a C&R...it's not up to you.
    3) If I injure , which most cases show will happen eventually (but hope against hopes it NEVER happens again), a disc above or below at a new job, and the doctors state that it is in direct corallation to the previous injury, then the IC that worked the case on the original injury is responsible for most of the care? or not?
    No...If you C&R the claim... you pay out of pocket for additional treatment. If you RTW and reinjure yourself..it would be a new injury/claim even though same body part.]
    4) I guess basically, my main question is if I take the C&R is my current IC liable for injuries that happen in the future to other parts of my back? I don't want to screw my family because I know how much they spent on my back already, and I don't think I could ever afford that on my own.
    Once you C&R the claim...it is OVER. NO more benefits from this ER/IC for this injury. nada..done'.
    FMC/future medical care to this injured body part is out of your pocket unles you have a new injury though RTW with this ER, or a new ER/job.

  3. #3
    Join Date
    Feb 2010
    Location
    Northern California - The Great State of Confusion
    Posts
    4

    Default Re: C&R or Stip.case Close to Settlement

    OK..Great...thanks for the quick response....

  4. #4
    Join Date
    Feb 2010
    Location
    Northern California - The Great State of Confusion
    Posts
    4

    Default Re: C&R or Stip - Case Close to Settlement

    Now I have a new question....
    If the IC and I agree on C&R, does this mean only the settlement offer goes to a judge, or will I have to go face the judge over this?
    The more you seem to find out the more questions my wife and I come up with....

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: C&R or Stip - Case Close to Settlement

    If you go to MSC, and you don't have an atty, then the IW would see a judge.
    If the agreement/C&R is done between the parties...and probably by mail, the docuement are reviewed by a WCAB judge for adequacy to the IW... no reason to ''see'' a judge.

    Yes, in a C&R the entire claim closes...you cannot come back later and claim benefits.

  6. #6
    Join Date
    Mar 2013
    Posts
    4

    Default Re: C&R or Stip - Case Close to Settlement

    Quote Quoting Telecomcal View Post
    Brief history:
    Injured 08/07 to lower back. Surgery, fusion L5-S1 07/08. P&S came back 20%. Trying to decide Stip and Award or C7R.

    OK...My questions are as follows:

    1) If I choose the stip and award with open future medical, this only covers the original injury correct?

    2) If I choose C&R then the case is closed on this injury forever?

    3) If I injure , which most cases show will happen eventually (but hope against hopes it NEVER happens again), a disc above or below at a new job, and the doctors state that it is in direct corallation to the previous injury, then the IC that worked the case on the original injury is responsible for most of the care? or not?

    4) I guess basically, my main question is if I take the C&R is my current IC liable for injuries that happen in the future to other parts of my back? I don't want to screw my family because I know how much they spent on my back already, and I don't think I could ever afford that on my own.

    This site is great, I just couldn't find the answers I needed so that is why I am posting. Thanks in advance for any and all help/advice in this matter.
    are you closing your case andf are they giving you a set amount

    - - - Updated - - -

    i injured my back in 97 and they are trying to get me to go to all this bull .im tired of this and want to close it out but i want some thing back they did not even pay for the suregry i did it on disablity
    let me no how to goabout that award with medical thanks bret

  7. #7
    Join Date
    Oct 1971
    Posts
    3,427

    Default Re: C&R or Stip - Case Close to Settlement

    dea537, pay attention to the dates of the thread you're responding to.
    This thread is from 2010, I doubt if Telecomcal is still around.

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  8. #8
    Join Date
    Jul 2008
    Location
    California
    Posts
    1,899

    Default Re: C&R or Stip - Case Close to Settlement

    Quote Quoting dea537 View Post
    are you closing your case andf are they giving you a set amount

    - - - Updated - - -

    i injured my back in 97 and they are trying to get me to go to all this bull .im tired of this and want to close it out but i want some thing back they did not even pay for the suregry i did it on disablity
    let me no how to goabout that award with medical thanks bret
    You can meet with a work comp attorney and ask if they can represent you with this. I don't recommend doing it without an attorney.

  9. #9
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: C&R or Stip - Case Close to Settlement

    i injured my back in 97 and they are trying to get me to go to all this bull .im tired of this and want to close it out but i want some thing back they did not even pay for the suregry i did it on disablity
    let me no how to goabout that award with medical thanks bret
    Not really enough info here to know what your situation is.
    What is your current status...are you still TTD, has there been any resolution to your claim... Stips w/Award, or Finding by a judge.
    What 'bull' are you going through?
    What 'disability' paid for treatment/surgery?
    You cannot force a cash buyout of future medical, that is a negotiated item in a C&R/Compromise & Release settlement. The carrier doesn't ever have to cash out the medical in a claim.

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