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Question about OC and settlement?
03-11-2011, 02:12 PM
Post: #1
Question about OC and settlement?
If my lawyer and OC reach a verbal settlement but I have'nt signed the papers yet is it still binding? My lawyer recieved the intial documents and had to make changes to the language in them. But after he sent them back the OC deos'nt seem to want to approve them. My worry is they are gonna change their mind and not settle. Any info?
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03-11-2011, 03:44 PM
Post: #2
RE: Question about OC and settlement?
"binding" has different meanings.
if there is a mutual mistake of fact then errors can be corrected without much harm.
if the terms and conditions change then there may have to be some renegotiation.
without specifics I can't tell which it was.

if they just changed their mind out of the blue then you and your atty should be hesitant about dealing with that negotiator again--they can't be trusted.
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03-11-2011, 06:23 PM
Post: #3
RE: Question about OC and settlement?
[quote='1171' pid='132449' dateline='1299872690'
"binding" has different meanings.
if there is a mutual mistake of fact then errors can be corrected without much harm.
if the terms and conditions change then there may have to be some renegotiation.
without specifics I can't tell which it was.

if they just changed their mind out of the blue then you and your atty should be hesitant about dealing with that negotiator again--they can't be trusted.



Intially they granted me a waiver of subrogation and 80k. The OC sent my lawyer the documents and it took my lawyer a couple of days to do the changes to protect my PI claim. My mediation for that is next Wed. and I just dont want to settle that claim next week and then they say oh we change our mind about the waiver of subro and try to get there money back out of that. When we settled WC the other week it took all of two days to settle. It seemed to me they were anxious to get it done now they seem to be dragging thier feet. I might just be worrying for nothing. Is it normal for them to make changes to the settlement documents on both sides before I actually sign them?
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03-11-2011, 07:15 PM (This post was last modified: 03-12-2011 03:04 AM by 1171.)
Post: #4
RE: Question about OC and settlement?
workers comp documents are fairly standard as benefits and language is limited & routine.
when you are incorporating civil and negligence law more precision is needed.
comp and civil law are two different specialties.
I imagine the carrier are /will have their civil attys involved in reviewing your settlement.
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