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Thread: Section 32

  1. #1
    Join Date
    Feb 2010
    Location
    New York
    Posts
    7

    Default Section 32

    MY wc claim was opened in July of 2008 and after all this time its finally coming to an end. The IC gave me an offer a few months back and me and my Lawyer are pleased. a few weeks ago I spoke with the adjuster of my claim and he said that he got the approval from his higher up's to go through with it. He said the lawyers are writing them up. If anyone has experiance with this can they please tell me what kind of time frame Im looking at to recieve my settlement? Please respond

  2. #2
    Join Date
    Feb 2010
    Location
    New York
    Posts
    7

    Default Re: Section 32

    I would really appreciate anyone's input. Thanks very much

  3. #3
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Section 32

    I'll guess 30 days after court approval.

  4. #4
    Join Date
    Jun 2010
    Location
    Florida
    Posts
    46

    Thumbs down Re: Section 32

    My wife got a sec 32 offer in June of 2009 in writing for 6 years and OPEN MEDICAL and it is now June 2010 and we are still waiting for the paperwork to be sent to us. We feel that did this to us to get us off of their back and maybe have us give up. We have a court date on july 1st but now we are told they are looking for money from NYS SPECIAL FUNDS to help pay for her sec 32 settlement which everyone knows isnt going to happen because what they are claiming is a joke. they found ONE DR that they hired to say because my wife has high blood pressure and is a Diabetic this caused her to have 2 disks herniate. THEY ARE A JOKE and our Attorney is just as bad not pushing the issue, she has been on WC going on 7 years now. Good luck and I hope they go fast for you and dont do to you what we been through. We lost everything we had over this injury, our house, cars and even had to file bankruptcy because they had stopped paying her for 9 months without a pay check or meds or Dr visits we had to pay for it all until we took them to court, and WC is a joke also because it takes MONTHS to get court dates and then the judge doesnt do what is right for the Injuried Worker.
    I am here to support my Wife who was injuried on the job in 2004 and fighting the system.

  5. #5
    Join Date
    Jul 2010
    Posts
    3

    Default Re: Section 32

    Quote Quoting Wifes Support View Post
    My wife got a sec 32 offer in June of 2009 in writing for 6 years and OPEN MEDICAL and it is now June 2010 and we are still waiting for the paperwork to be sent to us. We feel that did this to us to get us off of their back and maybe have us give up. We have a court date on july 1st but now we are told they are looking for money from NYS SPECIAL FUNDS to help pay for her sec 32 settlement which everyone knows isnt going to happen because what they are claiming is a joke. they found ONE DR that they hired to say because my wife has high blood pressure and is a Diabetic this caused her to have 2 disks herniate. THEY ARE A JOKE and our Attorney is just as bad not pushing the issue, she has been on WC going on 7 years now. Good luck and I hope they go fast for you and dont do to you what we been through. We lost everything we had over this injury, our house, cars and even had to file bankruptcy because they had stopped paying her for 9 months without a pay check or meds or Dr visits we had to pay for it all until we took them to court, and WC is a joke also because it takes MONTHS to get court dates and then the judge doesnt do what is right for the Injuried Worker.
    The whole thing with the special funds has nothing to do with the insurance company not wanting to give you your Section 32 settlement. The insurance company gets money back from special funds when they get 15.8 established. Basically 15.8 states that the claimant had a pre-existing condition that caused(gave them a higher chance) them to get hurt.

    15.8 only applies to cases before July 2007. If you case is after that 15.8 does not apply per New York state workers comp law.

    Once 15.8 is established the insurance company has no problem with signing on the Sec 32 because they will get reimbursed for what they paid out on the claim from special funds.

    Also, talk to your attorney and find out if a Medicare set aside(MSA) has been done on your case. Medicare requires insurance companies to do so before closing out a claim.

    You should contact your attorney to get them to push the insurance company to speed things up. After all, you attorney comes out with a big pay check when the Sec 32 is done with. So make them earn that money!

    Quote Quoting backisfcked View Post
    MY wc claim was opened in July of 2008 and after all this time its finally coming to an end. The IC gave me an offer a few months back and me and my Lawyer are pleased. a few weeks ago I spoke with the adjuster of my claim and he said that he got the approval from his higher up's to go through with it. He said the lawyers are writing them up. If anyone has experiance with this can they please tell me what kind of time frame Im looking at to recieve my settlement? Please respond

    Contact your attorney and make them earn their fee they will get when you close out the case.

    If you attorney has not drafted the Sec 32 agreement then the insurance company cant review it/make corrections and them sign off on it. Also, ask your attorney if a Medicare Set aside needs to be done on your case.

    The whole process from agreeing to do a Sec 32 to signing off on it shouldn't take more than 6 months. But, usually after that you need to get the case to a hearing and that can take time if no one tries to get a hearing date or notifies the workers comp board.

    Basically get on top of your attorney and make them do their work.

  6. #6
    Join Date
    Feb 2010
    Location
    New York
    Posts
    7

    Default Re: Section 32

    Thank you very much everyone for your input. It means alot in this rough time Im having. I wish I was never injured. No dollar amount will compensate for all the pain we have all been through from the time we were injured. I wish everyone a speedy recovery and hopefully an attractive settlement. We all know we deserve them.

  7. #7
    Join Date
    Jun 2010
    Location
    Florida
    Posts
    46

    Default Re: Section 32

    Metrot, my case has nothing to do with the 15.8 the IC is trying to claim, they found an IME that said because of my high blood pressure and being a Diabetic this caused me to herniate two disks in my back which is a JOKE and I have 5 other Dr which have wrote to the WC Board about this but they keep trying to get money out of Special funds. I was offered a SEC 32 settlement with OPEN MEDICAL so Medicare set aside has nothing to do with my case and YES my case is BEFORE 2007. I keep telling my Attorney to push them but he says if he does they can and might withdraw the SEC 32 offer. Right about now if they do I really dont care because they pay me the MAX and pay all my medical 100%. We have a hearing on 09/24/2010 so if they dont make up there minds on that day I am going to drop the settlement and let them pay until I die. Anyway thanks for the help and info about the 15.8 and we will see what happens on 09/24/2010

    Quote Quoting Metrot View Post
    The whole thing with the special funds has nothing to do with the insurance company not wanting to give you your Section 32 settlement. The insurance company gets money back from special funds when they get 15.8 established. Basically 15.8 states that the claimant had a pre-existing condition that caused(gave them a higher chance) them to get hurt.

    15.8 only applies to cases before July 2007. If you case is after that 15.8 does not apply per New York state workers comp law.

    Once 15.8 is established the insurance company has no problem with signing on the Sec 32 because they will get reimbursed for what they paid out on the claim from special funds.

    Also, talk to your attorney and find out if a Medicare set aside(MSA) has been done on your case. Medicare requires insurance companies to do so before closing out a claim.

    You should contact your attorney to get them to push the insurance company to speed things up. After all, you attorney comes out with a big pay check when the Sec 32 is done with. So make them earn that money!




    Contact your attorney and make them earn their fee they will get when you close out the case.

    If you attorney has not drafted the Sec 32 agreement then the insurance company cant review it/make corrections and them sign off on it. Also, ask your attorney if a Medicare Set aside needs to be done on your case.

    The whole process from agreeing to do a Sec 32 to signing off on it shouldn't take more than 6 months. But, usually after that you need to get the case to a hearing and that can take time if no one tries to get a hearing date or notifies the workers comp board.

    Basically get on top of your attorney and make them do their work.
    I am here to support my Wife who was injuried on the job in 2004 and fighting the system.

  8. #8
    Join Date
    Jun 2008
    Location
    nyc
    Posts
    73

    Default Re: Section 32

    Backisfcked, you are so lucky! If you don't mind me asking what was your injury? Your case is only a year old and you are at a settlement, i am jealous! I am still stuck and not even getting better! After 3 years of this, i am finding out that now i need surgery. I am so disgusted at the way they treat us and wish i could settle just so i can move on with my life! The money means nothing to me, just want proper treatment and my life back! Good Luck to you!!

  9. #9
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Section 32

    sasleo... If there is sedentary work your Dr will permit, or any type of job within your restrictions, you are free to RTW/return to work at any time you wish. That will not affect or alter the benefits you are eligible for. If you are not prepared for the recommended surgery... you don't have to have it...no one can force treatment on you.

    You said your Dr is suggesting you do have the surgery now...as your condition is not going to resolve, or get better over time without treatment/surgery....

    IMHO...move forward with the treatment being recommended to you now...

    As long as you are being paid the benefits you are eligible for, and treatment is available, you are in no jeapordy... you life should be 'moving on'... this claim shouldn't hold that back.

  10. #10
    Join Date
    Jul 2010
    Posts
    1

    Default Re: Section 32

    I hope your attorney informed you that all payments made to you prior to the settlement WILL be deducted from the total payout. Make sure the award is based on your earnings prior to the injury. If you were put on partial disability and worked for a lesser wage, thats what your hourly wage will be computed at,,,, unless you check and inform your attorney with any past pay stubs for verification. You can also have a review of your past yearly earnings to establish your rate of pay.

    Quote Quoting Wifes Support View Post
    Metrot, my case has nothing to do with the 15.8 the IC is trying to claim, they found an IME that said because of my high blood pressure and being a Diabetic this caused me to herniate two disks in my back which is a JOKE and I have 5 other Dr which have wrote to the WC Board about this but they keep trying to get money out of Special funds. I was offered a SEC 32 settlement with OPEN MEDICAL so Medicare set aside has nothing to do with my case and YES my case is BEFORE 2007. I keep telling my Attorney to push them but he says if he does they can and might withdraw the SEC 32 offer. Right about now if they do I really dont care because they pay me the MAX and pay all my medical 100%. We have a hearing on 09/24/2010 so if they dont make up there minds on that day I am going to drop the settlement and let them pay until I die. Anyway thanks for the help and info about the 15.8 and we will see what happens on 09/24/2010
    Please compare your total the amount offered to your computed age amount, then make a decision. if you are 50 and expect to live til age 65, multiply the rate you currently recieve by the amount of months total til your life expectancy. Then deduct their offer to see how much you lose. Then, remember you also lose any medical.

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