Comp Settlement

[Timothy Belt]

(07-15-2012 11:20 PM)hurt back Wrote:  

(07-15-2012 10:19 PM)heynow Wrote:  I am trying to have medical left open but my attorney tells me they (IC) want a full compromise and release in exchange for the lump sum payment. Tells me it is rare in PA to have medical left open.

Below is the link to what I've found ( hope it helps, its from a PA lawyer website. ) Its from the website address http://www.bnlegal.com/lawyer-attorney-1298614.html

2nd paragraph reads as follows:


In Pennsylvania, injured workers can settle their workers’ compensation cases through a process called “Compromise & Release.” This Compromise & Release can include medical coverage or could just settle the wage loss part of the case (meaning the injured worker would no longer receive weekly or bi-weekly checks, but would still have access to medical treatment for the injury). If a “full” Compromise & Release is done, which releases the workers’ compensation insurance carrier from all liability (wage loss and medical), the injured worker could be personally responsible for future medical treatment.

So I would contact my attorney and see if you can settle for the "regular" Comp&Release, instead of full..

Good Luck...

Your attorney is correct that open medical is possible but unusual in PA. If the IC is not willing to settle with open meds, you can not force them.

[hurt back]

I would at least ask though a/b leaving it open it never hurts... Could be why is hardly ever left open because others do not ask? Just a thought ( if you haven't asked already. )

I hope all goes well.

[heynow]

Thank you both for the response. If medical isn't left open I probably should just get the surgery now while I am on comp. Doing that means more months not working and staying in this mess that is workers comp. I would like to get back to work soon. Oh well.

[heynow]

Just an update...I have been going back and forth with insurance carrier on settlement. I asked for a larger a amount three weeks ago. A funny thing took place today might just be a coincidence...went to my doctor today due to some nasty elbow pain. Doc said it was a very bad case of tennis elbow and got a cortisone shot and she also put a brace on it. That was this morning and the carrier called my lawyer and offered $150,000 with full release which means no future medical.

[hurt back]

heynow - I would probably consider the other surgery, and then after that try to settle.. I don't think the $150k would go far toward the surgery and PT, meds, etc.. ( But i'm no Dr. Thank goodness!!! )

But if they decline then I don't know what to tell you.. As I would definitely try every attempt to get better before I got off, so when I'm gone i can wash my hands of W/C and go on with my life...


Good luck. Please let us know how it goes.