C&R or Stipulations?

Labor Code § 5410:

“Nothing in this chapter shall bar the right of any injured worker to institute proceedings for the collection of compensation within five years after the date of the injury upon the ground that the original injury has caused new and further disability.”

Five years from the date of the injury. Not from the award.

That distinction decides how much the Stipulations column is actually worth. A worker settling four years after the injury is preserving one year of a five-year right, not five — and the tool above says which date yours ends on, because a right with eight months left in it is a different thing from a right with four years left.

It is the part of the case with no ceiling. A future surgery, a series of injections, a spinal cord stimulator, or a lifetime of medication is routinely worth more than the indemnity — and a Compromise and ReleaseC&R — Compromise and Release A lump sum that closes future medical treatment permanently. moves all of it from the carrier to you, permanently.

The document that decides this is not a settlement document. It is your treating physician saying, in writing, what care they expect over the next ten years. Get that before you decide, not after. What future medical covers.

Where you are a Medicare beneficiary or reasonably expect to be within 30 months, a Workers’ Compensation Medicare Set-AsideMSA — Medicare Set-Aside Funds allocated for future injury-related care where Medicare’s interest is involved. CMS reviews above $25,000 for current beneficiaries, or $250,000 with enrollment expected within 30 months. enters the picture. CMS reviews one where the settlement exceeds $25,000 for a current beneficiary, or $250,000 where enrolment is reasonably expected within 30 months.

Those are CMS review thresholds, not legal safe harbours. Medicare’s interest has to be considered whether or not a threshold is crossed. Practically: expect the set-aside to add months, and expect part of the money to be restricted to medical use.

What comes off the top. Medical liens, an EDD lien, a child support lien, and credit for benefits already paid. What comes out.

Attorney fees are approved, not charged. In workers’ compensation the fee is set or approved by the Appeals Board. What it costs.

Whether anyone other than your employer was involved. That is a separate claim under Labor Code § 3852(a), it pays for pain and suffering, and settling the compensation case does not settle it. The overlap.

There is no right answer in the abstract. A C&R is right for some people and wrong for others. What this page is for is making sure you know what is being traded before somebody asks you to sign.