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Common questions

What is a Compromise and Release?

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The short answer

A lump sum that closes your future medical treatment for this injury — permanently.

It is not the only kind of settlement, and it is not simply the bigger one.

The two structures

What differs Compromise and Release (C&R) Stipulations with Request for Award (Stips)
Payment Lump sum Paid over time
Future medical Closed permanently Stays open
Reopening Generally foreclosed Available for new and further disability within five years of the date of injury (§ 5410)

These are not two prices for the same thing. A C&R larger than a Stips offer may still be worth far less, because you are also selling your medical care.

Which one you signed is on the document. Look at the title.

When a C&R is usually wrong

In any case involving a prosthesis, an implanted device, a joint replacement that will need revision, ongoing medication, or a progressive condition, closing future medical without a professionally prepared lifetime cost projection is how a worker ends up paying for their own care later.

A young worker with a lower-limb amputation will need many prostheses over a lifetime. A knee replacement has a service life. A progressive lung disease gets worse by definition. Amputation. · Settlements.

When it can be right

Where future medical is genuinely limited, where you want to control your own care, where the case has intractable disputes, or where a lump sum solves a real problem.

It is a legitimate choice. It is just not a default.

Before signing, check

The rating string — checkable arithmetic. How.

Whether anything is missing — a body part, a cumulative trauma claim, the voucher, SIBTF (rewritten by SB 171 in July 2026), a third-party claim, a § 4553 petition, or unpaid § 4650(d) increases.

What comes out of it — attorney's fees, medical liens, EDD reimbursement, child support, and any Medicare Set-Aside. The gross is not the net. Every category.

And if you receive SSDI, how the settlement is prorated changes the size of the offset. Raise it before signing. More.

One true thing

A judge must approve any settlement and find it adequate, including for unrepresented workers.

But the judge decides on the record in front of them — which is usually the defense's record. A judge cannot value a body part nobody claimed.

Talk to a lawyer

Free consultation. No fee unless we recover. You are not responsible for costs we advance if there is no recovery.

(213) 380-931024/7 intake (213) 463-6469

Sources

Labor Code § 132a · § 2810.3 · § 3202 · § 3357 · § 3600 · § 3706 · § 3708 · § 4553 · § 4656(c)(3) · § 4650(d) · § 4659 · § 4663 · § 5402 · § 5403 · § 5406 · § 5406.5 · § 5410 · § 5412 · § 6401.9 · 8 CCR § 5120

Privette v. Superior Court (1993) · Hooker v. Department of Transportation (2002) · Kinsman v. Unocal Corp. (2005) · City of Petaluma v. WCAB (Lindh) (2018) 29 Cal.App.5th 1175 · Hikida v. WCAB (2017) · Nunes v. State of California, DMV (2023, WCAB en banc) · Havanis, Fiore, Cano (2024 panel decisions) · Zenith Ins. Co. v. WCAB (Hernandez) (2025) 110 Cal.App.5th 1164

California injury statistics: Department of Industrial Relations, Survey of Occupational Injuries and Illnesses (2024 data)

General information about California law, not legal advice about your case.

Impairment values described are from the AMA Guides, 5th Edition as applied under the California rating schedule; the Guides are a copyrighted medical text and figures here are summarized rather than reproduced. Your rating depends on your own examination findings.

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