What is compromise and release?

Asked over 1 year ago - Riverside, CA

I sign a compromise and release argreement and all things were final and ESIS had 90 days to pay .After the 90 days nobody return calls not till 120 days later. Second Arbitration my attorney told me before we went in the hearing they told me to take the surgery because it would make the insurance co pay quicker pay quicker since they didn't pay with in the 90 day period .also if they didn't pay with in the 90 days the judge would order penalties and sanction and I .I don't understand why my attorney take his advise that throw that settlement out that was a c and r sigh by me .Why did I have to settle for something very less .Is there anyway that I can get the first award that was sign by the judge me and everyone body else

Attorney answers (6)

  1. Ruben Alonso Montoya

    Contributor Level 13

    3

    Lawyers agree

    Answered . As stated in previous posting: If the judge signed an order approving compromise and release IT IS FINAL. Unless there was another order vacating the C&R. If you had the surgery after the judge OACR YOU WILL BE LIABLE FOR THE EXPENSES OF THE SURGERY.
    There is no one who will explain this better than your attorney.

  2. George Ellis Corson IV

    Contributor Level 20

    2

    Lawyers agree

    Answered . A Compromise and Release is a contract between you and the WC Insurance to release all liability for a lump sum payment of money. However, your narrative is all over the place. Perhaps you and your Attorney need to have a meeting to discuss all your issues, because you sound like you are fairly uninformed on the status of your case.

    We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY... more
  3. Gerald Franklin Batchelder

    Contributor Level 13

    2

    Lawyers agree

    Answered . I think we are all a bit confused by your posting. I think you probably ended up confused by what your attorney told you. I would strongly urge you to schedule an appointment to sit down with your attorney and go over the situation. Your attorney is the one who understands what is going on in your case.

  4. James Mitchell Hoffmann

    Contributor Level 12

    3

    Lawyers agree

    Answered . In Missouri, the employer/insurer is liable for interest for failing to timely pay a settment or judgement. In Missouri the states WC division has a fraud unit that goes after insurers that fail to meet obligations.

  5. Peter Joon-Sung Hong

    Contributor Level 12

    1

    Lawyer agrees

    Answered . A Compromise and Release is an agreement. You agree to accept compensation and in return, you release the insurance carrier of liability for certain issues. You should discuss the particulars of your compromise and release with your lawyer.

  6. Christopher Steven Hoffmann

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Call a California Workers Compensation attorney immediately. This sounds bad.

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