SSDI and WC settlement
02-11-2010, 02:25 PM
RE: SSDI and WC settlement
Well here is the low down and I am exteremly pissed about this. The oppsing team wrote up the settlement contract and i have not signed anythingas of yet because after reading adn re-reading it they are screwing me from every direction they can.
here is a short summary of what the contract states.
It is further stipulated and agreed that the Applicant has made a claim for further
disability, including but not limited to additional temporary disability; permanent partial
disability, including loss of earning capacity; and medical expenses. That to substantiate
the Applicant's position, there have been various medical records and reports which have
been previously filed with the Department and are hereby incorporated into and made a
part of the record, including several medical reports from Dr. Pannu as well as the
vocational report from Michael Ewens dated September 17, 2009.
It is further stipulated and agreed that the Respondents, Employer and Insurer,
deny that the Applicant is entitled to additional benefits beyond those previously paid.
That the Respondents specifically deny liability for the August 22, 2006 back surgery
performed by Dr. Luders. That to substantiate the Respondents' position, there have been
various medical records and reports which have been previously filed with the
Department and are hereby incorporated into and made a part of the record, including the
independent medical evaluations reports of Dr. Solfelt as well as the independent
vocational evaluation report of Barbara Lemke dated January 15, 2010.
¥ll entering into this limited compromise agreement, the Applicant represents that
she has discussed the terms of this compromise settlement with her attorney, and has
been advised of her legal right to proceed to hearing before the Wisconsin Worker's
Compensation Division, and to accept the fmal determination, following hearing, of her
right to benefits and payments as claimed. Instead of proceeding to formal hearing, the
Applicant voluntarily consents to enter into this limited compromise settlement.
It is further stipulated and agreed that this is a settlement and limited compromise
agreement of a disputed claim in which the Respondents deny liability as set forth above.
It is further stipulated and agreed by and between the Applicant, and the
Respondents, that in limited compromise and settlement of any and all liability of the
Respondents to the Applicant under the Worker's Compensation Act of Wisconsin,
including (but not excluding other sections by this enumeration), Sections 102.18(1 )(bp),
102.22, 102.35(3), 102.43(5), 102.48, 102.49, 102.56, 102.565, 102.57, 102.58, 102.59,
102.60 and 102.61, that the Respondents will pay the Applicant's attorney, Steven J.
Lownik, the sum of $ 7(Q D D. OD as attorneys fees and $ q 'fB. 1-s: in costs, and
to the Applicant, Karen Constantine, the sum of $ ex Cfl Y ID·<QS- for a total settlement
It is further stipulated and agreed that upon such sums being paid, the
Respondents shall stand relieved of any and all liability whatsoever to the Applicant
under the Wisconsin Worker's Compensation Statutes in the State of Wisconsin for any
spinal injury, whether traumatic or occupational, regardless of the specific date of injury,
during her employment with................
It is understood between the parties that future medical expenses relating to the
thoracic and lumbar spine under Section 102.42(1) of the Wisconsin Statutes are left open
and not affected by this limited compromise settlement. However, the Respondents
retain any and all of its defenses in regard to claims made for future medical expenses
relating to the thoracic and lumbar spine. Although future medical expenses relating to
the thoracic and lumbar spine are left open pursuant to this limited compromise
agreement, it is the intention of the Respondents to investigate and determine if a
Medicare Set-Aside agreement is appropriate. If a Medicare Set-Aside allocation
amount, if any, is agreed upon by the Respondents and CMS, a division of the Social
Security Administration, it will be funded by the Respondents. Furthermore, it is
understood between the parties that this agreement will constitute a full and final
compromise regarding future medical expenses if the Respondents fund a Medicare Set-
Aside allocation or if it is determined by CMS that a zero allocation is appropriate.
It is understood between the parties that this limited compromise agreement
resolves all past medical expenses incurred by the Applicant for her alleged worker's
compensation injury or condition. That any claim for reimbursement of medical bills
paid by other sources including, but not limited to, Medicaid or Medicare, is the sole
responsibility of the Applicant.
The Applicant certifies that she has read and understood the terms of this limited
compr~ise agreement; that the Applicant has been informed of the medical and other
evidence which would likely be presented if this matter went to hearing; that the
Applicant is not under the influence of any medication or other' substance which might
impair her ability to understand the terms of this compromise agreement; that there are no
language difficulties which impair the Applicant's ability to understand the terms of this
compromise agreement; that the Applicant realizes that this agreement settles any claim
for temporary disability, permanent disability, loss of earning capacity, retraining
benefits, and medical expenses through February 3, 2010; and that the Applicant enters
into this limited compromise agreement knowingly and voluntarily without coercion on
the part of anyone.
In making this limited compromise agreement, the Applicant understands that she
has the right to petition the Department of Workforce Development to set aside or modify
the compromise agreement within one year of its approval by the Department. Although
the Department may set aside or modify the compromise agreement, the right to request
the Department to set aside or modify the compromise agreement does not guarantee that
the compromise will, in fact, be reopened. It is understood that the Department seldom
reopens compromise agreements and the Applicant understands that she is, for all intents
and purposes, giving a full and final release of any and all claims that she has against the
Respondents except future medical expenses beyond February 3,2010, with regard to any
spinal injury during her employment with...........
PLEASE HELP ME. This is a contact I am really not willing to sign. Any Idea's would be grateful right now. Questions to ask my attorney, changes that could be made to the contract. help please..
It is further stipulated and agreed that the Department may enter its award in
accordance with this agreement forthwith, without further notice to the parties.
|Messages In This Thread|
RE: SSDI and WC settlement - karenrae - 02-11-2010 02:25 PM
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