Settlement

I had recently settled  by stipulaion.My attorney recieved his 15%......My attorney is now exploreing a possible C/R for a lump sum for future medical......If this happens will he be entitled another 15% of that as well?

mrsheetrock:

My attorney is now exploreing a possible C/R for a lump sum for future medical......If this happens will he be entitled another 15% of that as well?

I'm guessing Yes.

Why don't you ask him?

That isn't a fair 'guess' to this poor IW's question...

The answer is , yes. Your atty is entitled to a fee on any award/settlement procured for you. C&R is lump sum cash, doesn't matter what it's for.

You do not have to accept a C&R/lump sum payment for the future medical here... and I'd have to question why this is being considered. If you have need for additional treatment, its probably not in your best interests to cash out the medical in your claim.

You won't get enough money to pay for the anticipated treatment. All further treatment will be out of your pocket. You dont' have the luxury of the negotiated, or statutory medical fees... there is seldom benefit to the IW in a lump sum payment for future medical. You are entitled to treatment as medically necessary for life, subject to MTUS/ACOEM treatment guides, and UR process.Anything that is denied as non-industrial...you can use your personal health coverage/GHP for treatment costs.

It would not be a good idea to take the lump sum for medical and spend it elsewhere... that just opens another box of evil when you become Medicare eligible and have to prove you've spent that money on treatment to your injury before Medicare will pay.

Steve,

Thank you for your continued presence on the boards!

Kristin

Thanks Steve......I had asked my attorney to try and settle initially by C&R .......I have no need for additional treatment at this point.My atty advised me to settle by stips at this point.Then go in and explore the C&R....He  (atty) said he wanted to lock in the rating without any further problems first,then explore the possible C&R....I was a bit confused about it,but he assured me ths was the way to go...I have used all the savings i had ...Settled by stips over two 1/2 months ago.My atty said within a couple months we should be able t reach a C/R ..I got a 2000 dollar advance that comes out of that..Still no job.Hard to find work in construction.Been off over 21/2 years.If the C/R  doesn't work out is their anyway I can get my stipulated awrd in alump sum instead of dragging it ou every two weeks for a year and ahalf?....I am trying to relocate to another area where I can possibly find work....A lump some  would really help me get on my feet again.Is their anything I can do at this point.Your with any help info would be greatly appreciated.Thank you!

You can petition the court to commute your PD indemnity. There will be a mandatory 3%/annum deduction to bring that to 'todays dollars'. Then the AA fees will be deducted.

In a lump sum payment/C&R including the medical, the AA fees will come from the total amount....that medical money should, may have to be, deposited in a interest bearing account for your injured body part ONLY.  Not to be used for moving expenses, or bills etc.

The stips were in your best interest. Getting the rating agreed to was important. Taking the time to evaluate your furture medical needs is also a good idea. You never know what the potential need is for additonal treatment.

You do have the ability to file to re-open this claim for new and further disability within 5 years of the org DOI...that too is in your favor. Your AA is looking out for your best interests here... he could have C&R'd this claim, taken the fees and simply walk away.

From the info you provide here...looks like about 13K net in a commutation on the remaining PD (?). Not bad, but understand that does not go far these days.

Thank you for the info.Steve.I see things a lot clearer now,..It looks like 13k would be about right...How long would this process take  take to complete (Commute)?..Thanks for your helpful knowledge!.. It's nice to see their are people on here like you who vollunteer their sevices!....It is greatly appreciated...Thank you

You have to petition the court/WCAB for a commutation.

However, as you can see here http://www.leginfo.ca....  (a) That such commutation is necessary for the protection of the
person entitled thereto, or for the best interest of the applicant.
In determining what is in the best interest of the applicant, the
appeals board shall consider the general financial condition of the
applicant, including but not limited to, the applicant's ability to
live without periodic indemnity payments and to discharge debts
incurred prior to the date of injury.
   (b) That commutation will avoid inequity and will not cause undue
expense or hardship to the applicant.
   (c) That the employer has sold or otherwise disposed of the
greater part of his assets or is about to do so.
   (d) That the employer is not a resident of this state.
There are specific perameters for a commutation to be met.

And, the carrier can appeal a WCAB ALJ award, making the time even longer to see any money.

To tell ya the truth... I don't know that it's really worth the effort. Frankly, if the IC is not in the mood to pay out the indemnity by C&R or in the Stips through negotiation... you're better off taking the payments over the scheduled timeframe... at least you would rest better at night knowing that next check was in the mail. Lump sums of cash have a real tendancy to dissappear faster than we realize it's happening.