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  1. #1
    Join Date
    Apr 2008
    Posts
    14

    Default Help with Compromise and Release

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

    Hello My mom just settled her case on 10/7/08 I was looking over her Compromise and release aggrement. She had two cases both for injuries to her back. she is still receiving medical treatment on her 2nd case. At the settlement she was told by her lawyer that it was for her first case.

    But on the paperwork its show both cases. I contacted the lawyer for her and spoke to the paralegal since the lawyer was not in. She explained that the settlement was for the two cases. I then explained to her that the lawyer had told my mother that the settlement was for the 1st case ONLY! That the Dr. hasnt even released her and she is in significant amount of pain and that she would not have settled knowingly if it were for the 2 cases.

    My question is can she do anything to dispute this???? This is ludacris and unfair he just had her sign and lied about it that it was only for her 1st case and that she would still receive medical treatment. And to top it off if I disclose the amount of the settlement it is pennies for the 2 cases!!! What should we do ???

  2. #2
    Join Date
    Oct 2006
    Posts
    9,078

    Default Re: NEED HELP Compromise and Release

    If the C&R has not been approved by the judge she can send a certified letter to the court, her atty, the defense atty, and the carrier asking that she be allowed to withdraw from the settlement agreement in light of new information.

    P.S. there will be no C&R on either case as no carrier/employer will only settle part of their liability.

  3. #3
    Join Date
    Apr 2008
    Posts
    14

    Default Re: NEED HELP Compromise and Release

    she already received the ck ... is there anything she can dispute she wanted to only settle the 1st case only... the lawyers didnt even have any of her medical paperwork for the second case

  4. #4
    Join Date
    Oct 2006
    Posts
    9,078

    Default Re: NEED HELP Compromise and Release

    Unless she can prove fraud or clerical error probably not.

    Generally what she saw, read, and signed trumps what she says she was told.
    She can file a complaint against her lawyer with the state bar.
    http://www.calbar.ca.gov/state/calba...=10179&id=1144

    The amount should have been within the range of the evidence and there should have been a medical opinion on her permanent disability level before the judge would have approved the agreement.

    Was there information on file that she had not become permanent and stationary?
    Last edited by .SH; 10-20-2008 at 03:07 PM.

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