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A few questions regarding a Workers Comp Stip Award and what to expect afterwards.

Ventura, CA |

Currently injured at work and looking into the near future.

If I took a stip award, once the IC pays the award minus advances and attorney fees, will I be required to repay the 15% additional money due to my employer not being able to find timely accommodation for me in the reimbursement? ($220 / $253) Also, once the award check is sent will I receive weekly/ bi weekly payments as well?

I know W/C Attorneys are very overworked and I want to understand this before I go face first in this adventure as I will need numerous follow up surgeries in the years to come.

Attorney Answers 4

Posted

Talk to a workers compensation attorney

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Posted

you really ought to be addressing these questions to your attorney. He knows you and your case better than any of us here at AVVO.

Not everyone gets the 15% bump-up. This is case specific. Talk to your attorney about that. I can't imagine any scenario where you would have to repay the 15% bump-up. Once you Stip your case, you would receive any retroactive money owed to you and continuing payments until your settlement is paid out in full.

But really....talk to your attorney about this stuff.

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2 comments

Asker

Posted

I am trying. She's on vacation for a week again and there are no other attorneys in the office. Questions are rarely answered. This has been the case all along. Very frustrating! So I came to this site for some help.

Brett A. Borah

Brett A. Borah

Posted

All WC attorneys are overworked. We all put in 60-80 hour weeks. Hope my answer helped.

Posted

It's highly unusual to see an injured worker have to pay money back in a case. If there is a credit against settlement that can be applied towards a settlement. In this scenario I don't quite understand the question. If you have Retroactive money due to you it will be paid. If there is a credit against your settlement because you've been paid too much or have been afvanced money that should be disclosed to you. A 15% increase comes when they do not offer you regular or modified work. A 15% decrease comes when they can offer you that work. (Within certain time limits). Often there arguments about which is the right answer in each particular case and parties end up settling on the standard number. Since every case is very Specific to the facts You want to address these questions to your attorney who Knows the details of your case Especially with the surgeries you indicate will be needed in the future.

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Posted

I can't really think of a scenario where you would have to pay back the 15% additional pd, unless there's language in the settlement documents stating so - you need to ask these questions to your attorney. PD payments are usually paid bi-weekly.

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