What to Expect from a Judge

[jcgiv]

I have a family member that recieved a back injury on the job. Although stubborn we finaly convinced them to check with a doctor and subsequently found that there is permanent damage. He is to the point where he will be coming to a settlement or moving to litigation. The problem is that this family members boss/brother in law is on the board for WC and is a very uncompassionate individual and has stated at meetings with the board that he thinks he believes that this family member is just "lazy". I have been with this person all of my life as he is my father and know that the pain he is in, and the limitaions that he has now. The doctors have already given a percentage of permanent disability. The offers made through WC and his lawyer are trying to settle a lump sum and close the medical. (of course the lawyer wants a higher lump sum so that he can make more money,so bad that he has conveniently forgot to bring up to the WC board, that my father will not settle for any amount if medical is closed) This is not acceptable. Is it legal for his employer and family member to be a board member on his case? What should he expect from a ruling in front of a judge? (From what I understand max for his injury is 50,000 and no limits on medical)

[BvIA]

There is no way to tell what to expect from a judge...

But, the 'board members' are not necessarily the ones who would be making decisions in this claim... the court/judges are the arbitrators, legal 'deciders'...the WC boards are the ones who make rules to initiate and provide the rules that go along with the laws/statutes adopted by the state legislature.

IF there came a time where this 'family member' were to be in a position to make a decision on your fathers claim...that person would be mandated to recuse themself from the position. That would be a definate conflict of interest, regardless of the position/opinion held by the family member.

(From what I understand max for his injury is 50,000 and no limits on medical)

There really isn't any way to make that determination either.
WC awards/settlements are based on the impairment of the IW due to the injury. Those impairment determinations are medical decisions, made by treating physicans, and/or medical/legal evaluations...IME/QME etc.

(of course the lawyer wants a higher lump sum so that he can make more money,so bad that he has conveniently forgot to bring up to the WC board, that my father will not settle for any amount if medical is closed)

Oh... com'on.. the lawyer wants more money in a settlement so your father gets more money in the settlement... the fees are not going to amount to so much more in a larger sum that it's worth the extra effort to do as you are suggesting...IF you or your father are not happy with the representation you are receiving from this atty, change.

The offers made through WC and his lawyer are trying to settle a lump sum and close the medical.

That's the way comp works... though there is no law that says your father must accept these offers...he can let the indemnity pay out over time, and leave the medical open. That does not however mean it will be any easier to get treatment than is has been so far...

You did not say what the injury is, or the age of your dad... but IF he is making application for SSA/SSDI, or is entitled to VA benefits, or is Medicare eligible now or with in 30 months of any settlement that affects the medical in this claim, he must take the steps to protect Medicare interests BEFORE he accpets a lump sum settlement.
He may need a WC setaside account for the money he receives for the medical benefits...

There is more here to consider than just the lump sum settlement of the claim...