There are two basic ways a workers’ compensation case is settled: Stipulation and Award; and Compromise and Release.
When an injured worker settles his or her case by Stipulation and Award, the permanent disability is generally paid out every two weeks and the injured worker can continue to receive medical care paid by the workers’ compensation insurance company. Additionally, the injured worker can reopen his or her case for new and further disability within five years of the date of the original injury.
When an injured worker settles his or her case by Compromise and Release, the permanent disability not previously paid, along with monies for future medical care, right to reopen and other benefits are paid to the injured worker in a lump sum. Once the judge signs the Order Approving Compromise and Release the liability of the insurance company is complete and any further medical care is paid out of the injured worker’s settlement proceeds. It is well established in California Workers’ Compensation law that an Approved Compromise and Release may not be set aside unless the settlement was accomplished through undue influence, fraud or mistake.
For more information on California Workers’ Compensation Settlements please call an experienced workers’ compensation attorney at Bowman and Associates today.
