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Thread: Liberty Mutual

  1. #1
    Join Date
    Jul 2010
    Posts
    12

    Default Liberty Mutual

    Has anyone here had any dealings with Liberty Mutual as there WC insurer? Are they hard to deal with when it comes to settlements. I've been released to return to work on light level but there is no job to go back to. Its been a few weeks since ive been released and I have'nt heard a peep from them about possibilty of settling.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Liberty Mutual

    Doesn't matter what carrier you are receiving benefits from...there is no guarantee there will be any cash settlement.
    WC is about paying benefits, not settlements.
    Once you are rated for PD, the number of weeks indemnity benefits is determined and those benefits will begin.
    Access to further medical care, as needed, remains available.

    Cash is offered for your consideration to drop any further claim for benefits to this injury, including your agreement to accept liability for any future medical care. Out of your pocket.

    If you are not to return to your pre injury ER, you could be eligible for VR services if available. You should also apply for UI benefits.
    I have'nt heard a peep from them about possibilty of settling.
    Has your atty sent a demand letter?
    No atty?... call the CA yourself and discuss the possibility of a C&R. Be prepared to be suprised by the offer to screw ya.

  3. #3
    Join Date
    Jul 2010
    Posts
    12

    Default Re: Liberty Mutual

    What do you mean sent a demand? And yes I have an atty. but its very hard to get him on the phone.

    ---------- Post added at 07:30 PM ---------- Previous post was at 07:25 PM ----------

    Also wouldnt it be in the lawyers best interest to settle? If theres no lump settlement how do they get paid. My lawyer has said before he doesnt get paid unless I get paid.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Liberty Mutual

    Atty gets paid whether you take a cash payment, or weekly benefits.
    Weekly benefits would be reduced, or shortened to satisfy any atty fees paid. It's called a "commutation" of the indemnity you are due.
    What do you mean sent a demand? And yes I have an atty. but its very hard to get him on the phone.
    Not unusual...attys handling comp claims are dealing in a very high volumn business... the fees are not the same as for a Defense Atty, or in a PI claim. WC attys are generally in court/hearings most of the day, if they took all the calls, or responded at the end of the day, there would be no time to eat/sleep. When your/IW input is necessary, you'll be the first to know.
    Of course you have quesitons... everyone does.\
    But you really should discuss your options with the atty...he has the file, knows the laws and how they will apply to your claim and resolution.

    Anything here is generic and no one should attempt to second guess what your atty may have in mind.

    If you are MMI, rated for PD, and released to return to work, your atty should be in contact with the CA about resolving your claim. If there are weekly benefits due, you should be receiving those now. Other than that... can't tell what your situation is.
    Doesn't matter whether yours is a self insured party, or Liberty Mut, or any other WC carrier, the process is the same.

  5. #5
    Join Date
    Jul 2010
    Posts
    12

    Default Re: Liberty Mutual

    Ok one more question please. I got a letter today from LM saying that my benifits would be reduce on 10/25/11 from 388.79 to 334.00 unless I go back to work befroe then. What does this mean?

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Liberty Mutual

    Don't have the file... can't tell ya what that is... could be a change from TTD to PD benefits rate. ?
    If you RTW... you won't be paid wage replacement anyway... so you'd change from TTD to PD. PD is your award or "settlement" benefits for the % of your impairment/partial disability. As I think I said, you cannot force a lump sum payment. If its' not in the ER/IC best intersts to close the claim...they won't do it.\

    Make an appt with your atty... really need to discuss this with him.
    my benifits would be reduce on 10/25/11
    That[s a year from now...?>

  7. #7
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,928

    Default Re: Liberty Mutual

    Better late than never but just to clarify in Georgia at 52 weeks continuous or 78 weeks aggregate, post injury IF the IW is released to light or modified duty, (Almost every IW who is NOT classified as catastrophic [IN other words comatose or at deaths door], IS released LD/MD almost immediately after the injury, then the TPD benefits reduce to the stated amount for the date of injury.

    Several years ago my hand surgeon, (This was NOT a WC claim it was a personal injury and private insurance used to pay for surgeries. All I had was a very small STD and LTD policy to partially replace my lost wages.), released me to LD ON the day of surgery for Carpal Tunnel & Trigger Finger Releases, YES I said ON THE DAY HE did my surgery! I found it quite funny that my job was driving and the first limitation he listed was NO driving of ANY kind until he released me to FD, LOL. My employer at the time refused to allow me back to work until I was given a FULL duty release. I learned since then that anyone who filed a WC claim with that ER was made to come and sit in the office or whatever it took to keep them from showing any loss time from work. Yet I was NOT allowed to work in any capacity as it was NOT WC. Kind of a double standard IF you will.

    At any rate and to get back on topic in GEORGIA after 52 consecutive or 78 accumulative/aggregate weeks of LD work release (work status broken with TPD and TTD status and when LD is unavailable there is a rate of pay reduction. At the time of my injury, 2007, the rate was and remains $300/wk., it goes up a little each year that is applicable only to new injuries, (Although with SSA NOT allowing a COLA, WC may be stalled out as well. I have NOT looked at the statues in well over a year). So the original question per kd32dawgs post #5 is why was the wages reduced.

    ANSWER For GEORGIA: at the 52 or 78 week mark IF you are NOT returned to Full Duty Status your benefit amount will be reduced to the amount stated for your injury date. My CA sent me the form 104 within four weeks of opening my claim that one year from the date the nurse at the industrial clinic released me to RTW LD within the week of the injury and that was pre-MRI results. Once the MRI was done and I was seen by the Orthopedic Surgeon here locally he left me at LD with a few restrictions knowing full well I could NOT do any part of my regular job. When I was seen in Atlanta by the Orthopedic Surgeon that did my surgery he put the Cabot's on that RTW LD on my first visit in July of 2007. He put me back to TTD until several weeks after my second surgery which was well over a year from my injury and seven months after the first surgery. When he did release me to LD I had severe restrictions that precluded me from doing most anything besides intermittently sitting, standing, walking, laying and so forth. Permanent 5 Lb. weight restriction on my injured arm. No above shoulder movement, etc...

    It is GA WC Law that any LD release, where LD work is NOT made available by the ER, to reduce the benefit at the 52 or 78 week mark, (limited also to 350 weeks from date of injury.). Kb, IF you are RTW and making less than your original TTD amount as you have stated as $388.59, then the IC/ER is required to make up the difference of what you are making up to your TTD amount. That is the FULL benefit amount NOT the reduced $334/wk. Would it be safe to assume your date of injury is 78 weeks prior to 10/25/11 or somewhere around April 2010? That would make sense the way the laws of GA are written as that would be 78 weeks aggregate to when they plan to reduce your benefit amount. LM, or what ever IC you have, should have sent you this information on GA state WC form 104. They do this ahead of time so as to NOT mess up and forget to send it in time to reduce your benefit amount IF you are not RTW or at MMI and entertaining settlement. That is of course IF a settlement is called for due to PPD or for remaining TPD that they agree to pay out ahead of time.

    My ER thought they would be slick & 18 months after my injury they finally brought me back to work one day/week thinking it would dissolve my WC benefits to zero. When they found out that the IC was still having to pay me the $300/wk., in addition to the paltry amount they paid me, all of the sudden they didn't have any more one day or any other work for me.
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

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