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  1. #1
    Join Date
    Aug 2009
    Posts
    1

    Default Permanent Partial Disability Final Settlement

    In 1992 I received a permanent Partial disability of 7 % for a back injury that occurred on my job.
    After returning to work I retained a lawyer and was awarded a Partial settlement
    The lawyer took 1/3 of the settlement for his contingency fee.
    I was advised by the lawyer to NOT settle for the final amount until I separated from the company as they would still be responsible for any future medical costs that may arise in reference to the injury.
    I am now 56 years old and have recently taken an early retirement package after 36 years of employment and no longer work for the company.
    I have all of the paperwork marked partial settlement and have all of the original documents dates and case numbers.

    1. Is this settlement still valid?
    2. How do I go about applying for the final settlement? Do I need a lawyer?
    3. Is there any reason to not apply for final settlement at this point?
    4. If I do make a final settlement will this put any future medical insurance needs in jeopardy?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Permanent Partial Disability Final Settlement

    Sounds like to took the indemnity for your PPD rating in lump sum left the medical open.
    Now the medical is the issue/benefit you want to settle out.

    IF you are awarded money for the medical in this claim, and yes, there is still medical available, you should/would deposit that money in an interest bearing account to be used only for treatment to this injury. When you become Medicare eligible, you'll have to prove you have exhausted all of the money, and reasonable interest before Medicare will pay for treatment to your injury.

    3. Is there any reason to not apply for final settlement at this point?
    4. If I do make a final settlement will this put any future medical insurance needs in jeopardy?
    Medical money is not compensation for the injury, or resulting PPD.
    The medical is available, to your injury, if medically necessary. You don't need treatment... no money. If you have not accessed any treatment for a period of time, the value of any medical now would be minimal.

    As there is FMC/medical available to your injruy, no other IC will pay, and if you accept money, any treatment will be out of your pocket.

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