Settlement advance?

[tdcjerry]

I posted this on the off topic also.
I'll keep it short, delays by the insurance company on final settlement, they did agree to write me a check for some of the settlement until the Medicare set aside amount is done. We all signed the papers, me, Lawyers and WCAB judge for this 2/14/2011 we had a court date on 3/3/2011 and the insurance company Lawyer said the check was in the mail. I still have not received a check, how can the insurance not pay this after saying they would by signing the paperwork and then saying " it was in the mail" it has almost been a month since I signed the papers. I have called my Lawyer 5 times and he says he will get back to me when he hears from the insurance company, I can't call the insurance company on my own because i'm rept. but when does it get to the point that I just get to pissed off and call and ask were is my check?? This check was to help me pay bills until the MSA comes in, now I don't what will get here first. California

[1171]

little you can do except maybe backout of the settlement until you get your check.
you'd have to put note to the judge and both attys that since there is no check you've changed your mind and want to withdraw from the settlement.

you have little leverage left.

when they ask about the letter tell them it's in the mail.......

[tdcjerry]

(03-13-2011 12:11 PM)1171 Wrote:  little you can do except maybe backout of the settlement until you get your check.
you'd have to put note to the judge and both attys that since there is no check you've changed your mind and want to withdraw from the settlement.

you have little leverage left.

when they ask about the letter tell them it's in the mail.......

Even if I have signed court documents from all parties, the Judge, Lawyers and me, saying we all agree to a advance on the settlement ( from the IC) because of the MSA delay, they can still delay paying? why have the courts sign off with they won't inforce it.
This is costing me over $2400 a month in lost pay since I was placed on PS from TTD

[1171]

it's not official until the judge approves.

you can try filing for a penalty but that doesn't do anything but make it more expensive when they do pay.
don't give up your leverage for promises; if they want something make 'em deliver first.

[tdcjerry]

(03-13-2011 02:27 PM)1171 Wrote:  it's not official until the judge approves.

you can try filing for a penalty but that doesn't do anything but make it more expensive when they do pay.
don't give up your leverage for promises; if they want something make 'em deliver first.

I would love to see a 10% penalty or higher, the IC said they would cut a check the next pay cycle, well there have now been 3 pay cycles. Did say that the WCAB judge signed off on this?

[1171]

you need a written award from the WCAB signed by the judge to make settlement legal.
check eams
http://www.dir.ca.gov/dwc/EAMS/EAMS_FAQs.htm
in the legal system it has to be in writing.

[tdcjerry]

(03-13-2011 05:09 PM)1171 Wrote:  you need a written award from the WCAB signed by the judge to make settlement legal.
check eams
http://www.dir.ca.gov/dwc/EAMS/EAMS_FAQs.htm
in the legal system it has to be in writing.

We have a letter from the IC signed by a judge, my Lawyer and the IC Lawyer, we also have a letter from the IC saying they want to settle ASAP but need to wait for the MSA. Monday will be here soon and I'll be burning up the phone lines.

[tdcjerry]

The check showed up today, it had a print date of 3/2/2011 so it took almost two weeks to get here??? from 30 miles away.
i have also placed calls to MSA, they have had the paperwork for 6 weeks and have not even looked at it, they say it could be another 6 weeks plus 4 weeks for a new court date.

[tdcjerry]

The check showed up today, it had a print date of 3/2/2011 so it took almost two weeks to get here??? from 30 miles away.
i have also placed calls to MSA, they have had the paperwork for 6 weeks and have not even looked at it, they say it could be another 6 weeks plus 4 weeks for a new court date

[nursedina]

Glad you got your check although it seemed to take forever to get there! Good luck with everything else!