HOME PAGE

   
GO to Injured Worker Forum
Navigation:


ALL FORUM'S TOPICS OR VOCATIONAL REHABILITATION TOPICS [ REFRESH ]
Thread Title: RU-122, LC 4646(b) & already done RU-102105
Created On Wednesday November 16, 2005 10:56 AM


laesquire
Senior Member

Posts: 1292
Joined: Aug 2003

Wednesday November 16, 2005 10:56 AM

User is offline View thread in raw text format


SCENARIO:

1. Employer offers modified or alternative work. Applicant accepts and RU -102 plan is done then later RU -105 is filed with Unit.

2. Applicant continues to work with the Employer a few years and all is fine.

3. Case is now settling Compromise and Release. The carriers' coverage period is up so they want to settle by Compromise and Release.

The Defense Attorney puts in an RU-122, LC 4646(b) settlement of prospective vocational rehabilitation services is part of the agreement for $ 7,500.


QUESTIONS:

1. Why did the Defense add the settlement of prospective rehabilitation services LC 4646(b) since the Applicant already received modified or alternative work?

Is this in case Applicant later in his Employment seeks Job Retraining for some other injury?


2. How do I go about getting the 15% Attorney fees on the $ 7,500 if RU-122 done?
Seems to me not much work was required on the RU-122. A considerable amount of legal work was done on the underlying case.


-------------------------
 Any posting herein is NOT legal advice. It also does NOT create and attorney-client- relationship.

Reply
Quote
Top
Bottom



gaiassoul1@yahoo.com
Senior Member

Posts: 1275
Joined: Feb 2004

Wednesday November 16, 2005 3:48 PM

User is offline View users profile View thread in raw text format

1. The defense attorney messed up, so if it someone you want to save from their client's wrath later, advise him/her of the same. Another injury would be regulated by the laws in effect at the time of injury so if there is no other injury, not applicable. Not an attorney so I am not sure on what the ethics do to your bar ticket, but it would seem if you were settling for a benfit not owed, you may have issues with that.

2. On an RU-122 you just ask for the 15% lump sum.

Reply
Quote
Top
Bottom



laesquire
Senior Member

Posts: 1292
Joined: Aug 2003

Wednesday November 16, 2005 3:57 PM

User is offline View thread in raw text format


Thanks Ginger.

I think maybe the Defense Attorney was not aware Applicant received the modified or alternative work. He did not get involved with the file until later.

The above explanation would make sense to me. If the Defense Attorney is trying something else I am unaware of what.

The Workers Compensation laws in CA. keep changing so I appreciate the group input.


-------------------------
 Any posting herein is NOT legal advice. It also does NOT create and attorney-client- relationship.

Reply
Quote
Top
Bottom



stewshe@comcast.net
Senior Member

Posts: 1381
Joined: Jun 2002

Wednesday November 16, 2005 5:53 PM

User is offline View users profile View thread in raw text format

Appesq,

If you are still within 5 years from the date of injury, the DA may be concerned about the possibility of a second plan if the EE's condition deteriorates, i.e., PD will exceed 25% PD and the work is no longer suitable, etc.

Also, it is possible the DA knows something you don't. Before you do anything, discuss the claim with your client. Has there been any change in EE's condition?

However, I tend to agree with ginger. It also is likely your DA may have made the proposal after only "top sheeting" the file and may have gotten authority from a newbie adjuster, or at least a new one on this file, who also was guilty of "top sheeting."

If the DA is someone who has treated you unfairly, in your opinion, in the past, you might well decide to forward the paperwork to your client to sign and return. If not, and if the DA has a reputation for fair dealing and honesty (which most in the Fresno area do), I'd consider a phone call to discuss the merits of the case and is the DA/CA aware of the prior plan?

You represent many injured workers and if this has been a DA's mistake, it could come back to haunt you and your clients later. However, if the CA never makes PD advances unless required by law and if the DA is "scum," what do you have to lose?

In other words, "Do unto others as they do unto you," or "Payback's a bitch!"

All of the above is also contingent on whether or not you feel the Code of Ethics would require you to advise the DA. I don't think so, but I haven't read it in many years. If in doubt, call the Bar and lay out the issues for them and see what they say.

-------------------------
 Stew (James T. Stewart) e-mail: stewshe@comcast.net
Author: Work Comp Index & Tables & Schedules in "The Labor Code Book," by LexisNexis/Matthew Bender.

7th ed. Work Comp Index (912 pgs), $119.00 ea; next ed. summer, 2010 {Discounts for orders of 12 or more}
Send check or money order & shipping info. (I cannot take credit cards.)

Prices INCLUDE sales tax, and shipping.

James T. Stewart; 1937 Santa Ana; Clovis, CA 93611

Edited: Wednesday November 16, 2005 at 5:56 PM by stewshe@comcast.net

Reply
Quote
Top
Bottom



laesquire
Senior Member

Posts: 1292
Joined: Aug 2003

Thursday November 17, 2005 9:42 AM

User is offline View thread in raw text format


Thank you Stew.

I talked to Appicant who is doing fine at work. Same hours and modified work with no particular problems.

More than 5 years post injury. The Alternative work has been going for about 2 years now.

The Defense firm is pretty big. I have had no problems with them in the past. It does take them longer to resolve a case than most firms.
The Defense Attorney on the file seems fine to me.

I think the Defense Attorney and adjuster may have been "top sheeting" the file in sending out the RU-122. If so how does it legally hurt the Defense? It would seem to be unecessary( since the modified or alternative work plan went through) , but not legally harmful. Coments.

Are your thoughts the Defense offered the $ 7,500 because they thought it was worth that amount to close out rehabilitation rights by way of RU 122? So that if the RU- 122 is not necessary they would withdraw that sum of money on the settlement?

Thanks for the input. I do not do many RU -122.





-------------------------
 Any posting herein is NOT legal advice. It also does NOT create and attorney-client- relationship.

Reply
Quote
Top
Bottom



laesquire
Senior Member

Posts: 1292
Joined: Aug 2003

Thursday November 17, 2005 11:47 AM

User is offline View thread in raw text format


Maybe the Defense Attorney is trying the following:

1. The RU 122 is a separate legal issue from C&R. We cannot condition C&R on RU 0122 being approved.

2. Submit RU -122 for $ 7, 500 plus the signed C&R.

3. Rehab unit rejects RU -122 since modified or alternative work with RU- 105 already submitted. So no $ 7,500 to Applicant less 15% Attorney fees.

4. Defense Attorney says to bad rehab unit rejected RU- 122 . So C &R case for amount agreed , but no extra $ 7,500 to close out rehab by way of RU- 122.

5. Of course the above would upset Applicant to no end. His understanding is a certain dollar amount. The lawyers can split it up between rehab and C&R or just C&R , but expects a specified dollar amount.


-------------------------
 Any posting herein is NOT legal advice. It also does NOT create and attorney-client- relationship.

Reply
Quote
Top
Bottom



stewshe@comcast.net
Senior Member

Posts: 1381
Joined: Jun 2002

Thursday November 17, 2005 7:31 PM

User is offline View users profile View thread in raw text format

Appesq,

I don't think the RU would fail to approve the RU-122. A reopenining is possible following a Termination, just not very likely. There may be some unusual facts which might possibly allow additional services.

You might consider having a heart to heart talk with your client, explaining the $7,500 may be a mistake and the employer might not take too kindly to the idea if it ever became aware of the settlement. Perhaps suggest to the client you could call the defense attorney for "clarification."

I've seen cases where DAs/CAs didn't want to admit to a mistake, and they just might tell you to, "Take the money and run!" You might sleep better if you discussed it with your client and then called the DA?

-------------------------
 Stew (James T. Stewart) e-mail: stewshe@comcast.net
Author: Work Comp Index & Tables & Schedules in "The Labor Code Book," by LexisNexis/Matthew Bender.

7th ed. Work Comp Index (912 pgs), $119.00 ea; next ed. summer, 2010 {Discounts for orders of 12 or more}
Send check or money order & shipping info. (I cannot take credit cards.)

Prices INCLUDE sales tax, and shipping.

James T. Stewart; 1937 Santa Ana; Clovis, CA 93611

Reply
Quote
Top
Bottom



laesquire
Senior Member

Posts: 1292
Joined: Aug 2003

Wednesday November 23, 2005 9:22 AM

User is offline View thread in raw text format


Hi Stew.

I will chat with the Defense Attorney on the phone. If it is some type of mistake he will likely not admit it to his Client and tell me to submit it.



-------------------------
 Any posting herein is NOT legal advice. It also does NOT create and attorney-client- relationship.

Reply
Quote
Top
Bottom



laesquire
Senior Member

Posts: 1292
Joined: Aug 2003

Tuesday December 13, 2005 5:59 PM

User is offline View thread in raw text format



Can I put language on the C&R that the RU -122 must be approved as a condition precedent to the W.C.A.B approving C&R?

This way:

1. Execute RU -122

2. Execute C&R.

3. Forward both to the Defense Attorney.

4. Submit RU -122 for approval If approved , sumit C&R for approval.

5. IF RU -122 rejected do NOT submit C&R or object if submitted by Defense.


-------------------------
 Any posting herein is NOT legal advice. It also does NOT create and attorney-client- relationship.

Reply
Quote
Top
Bottom

FORUMS > VOCATIONAL REHABILITATION [ REFRESH ]

FuseTalk 3.0 - Copyright © 1999-2002 e-Zone Media Inc. All rights reserved.
© 2013 WorkCompCentral Workers Compensation Forums