My workers compensation claim was made in the State of: California
My husband was injured on the job around 1980. He was hospitalized approx. 16 days, had surgery, rehab and returned to work about 6 months after the accident.
We received a call a few years ago from a claims adjuster from WC advising that his case had never been settled and some records had been lost. At the time he returned to work, he was rated with around 27% disability and apparently offered around $7000 that he didn't take. My husband and I weren't married then but for some reason, the case was never settled and he never accepted money or signed papers. He doesn't know why it wasn't settled but I suspect he may have hesitated out of concern he might not be able to work.
At age 50, my husband had to take disability retirement due to ongoing problems from the injuries. He had a surgery the year or so before he took disability retirement but it didn't help so he took an early retirement based on 100% disability related to the injuries from the accident and also began receiving SSDI benefits.
The claims adjuster sent forms for my husband to sign to release records from Social Security, which he returned registered/return receipt. Several years have passed and we haven't heard anything from State Fund. We've called and sent registered letters but cannot get a response.
I realize he will need an attorney but we'd like to have some understanding about how settling an old case works. Would he still be able to settle with WC this long after? One of his papers says something about WC recognizes some injuries can cause further problems years later, which is what happened to my husband and he became unable to work at all. He was given 100% future medical and they did pay for the surgery he had about 20 years after the original accident.
We would appreciate any insight anyone might have regarding this. If you need additional information, we'll try to provide. Thank you