Workers Comp Release of Compromise

**serious** · 09-01-2011, 09:12 PM

My workers compensation claim was made in the State of: CA

I called my Division of Workers Compensation because I had a general question regarding my rights. The woman proceeded to tell me my Work Comp case was closed and that she show I signed a release of compromise. First of all I have no idea what that was until I did some research afterward on line. I explain to the lady that I did not sign any paper work on any agreement with the insurance company. When I ask for info on who when and where she proceeded to say she could not see it but that is just shows my case if close and to call my work comp insurance who would not release any info to me because they proceeded to say my adjuster is out of town and that they are not familiar with CA law. How and who could have signed whatever this form is? Is this compromise of release is something between the appeal board and the insurance company where they can sign without my consent? Could it be that work comp appeal board made some error with my case number and someone else? I was told that the only way I can get a copy of it I have to drive to my local office which is 2 hrs away. Does this make sense at all. I am not represented by an attorney and the other side does have one. Can someone please give me some advice if they have experience this and how I can get this clarified. I did speak to my dr today who had not released me yet and I have not reached my MMI nor have he done any paper work on future medical. I am still under the dr care and trying to get my surgery appeal which was denied. So this is why I can't understand the C&R they stating I have signed and agreed yet they could not give me any info on it or an amt if any??????

**purplepuppy** · 09-02-2011, 04:17 AM

First things first, get a lawyer!

**BvIA** · 09-02-2011, 05:58 AM

If there was a C&R, which only you can sign, you would not be seeing your PTP at the cost of the ER/IC.
You're right, there could be a error in the claim number...not unusual.
The WCAB cannot make any agreement with the ER/IC.

If you haven't been to a MSC, or received any documents and signed them...there has been no C&R.

There is NO reason you cannot get info from the carrier because the CA is out... any supervisor can handle this.
Call back... get a supervisor, or unit manager... all claims continue to be adjusted regardless of the CA handling the claim.

**.SH** · 09-02-2011, 07:07 AM

sounds like someone was looking at computerized data about your claim and not your physical file.
there can be mistakes in data entry.
you need to talk to some at the carrier's office that can pull the file and verify your identity and solve the mixup.
if you can't talk to the adjuster contact the supervisor and/or the claims manager.

**serious** · 09-02-2011, 01:14 PM

I did speak to supervisors at the WCAB and she inform me she sent a message to the person who seems to have made the data error on my case. She inform me it "seems" to be data entry and to check back on Tuesday or Wednesday to make sure it has been corrected. I hope she is telling the truth I have been told so many differ answers by differ people and transfer back and forth to the 2 locations. Thanks so much for the advice on how to handle this situation.