State Workmans Insurance Fund Lump Settlement, Questions

[whirlwind123]

After many years of being on workmans comp,and now being close to 70 years old., I had requested that I receive an amount I was awarded many years ago for disfigurement,naturally I was told I would have to go off of comp in order to receive that., so my claims person told me to send in a offer., I did , I asked for that amount, my medical and a 3 year expectancy., my answer back was the disfurement amount and medical. I am going to accept this as I am getting older and in poor health and would like to be able to enjoy some of the money., and not have to worry about my wife working I could pay off alot of bills. The state attorney contact me and said will send me paperwork to look over and then in about a month is a mandatory hearing with the judge to make sure I understand everything etc., and then a month after that I would get my money., any one know anything about this?

[BvIA]

...and now being close to 70 years old.,...

...my medical and a 3 year expectancy., my answer back was the disfurement amount and medical. I am going to accept this as I am getting older and in poor health and would like to be able to enjoy some of the money.,

Don't spend all that cash just yet.
Due to your age, you are Medicare eligible... as such, the money you get for medical will have to go into a WCMSA/setaside arrangement, you use that money to pay for any additional treatment to your injury. You cannot let Medicare pay for that. Once the money is exhausted, then Medicare will pay benefits.

You are being paid disfigurement/medical because the indemnity/3yr expectancy has been paid out. And, that is part of the "compromise" in a agreement to "release"... C&R.

The state attorney contact me and said will send me paperwork to look over and then in about a month is a mandatory hearing with the judge to make sure I understand everything etc., and then a month after that I would get my money., any one know anything about this?

That's the way it works.

[whirlwind123]

Don't spend all that cash just yet.
Due to your age, you are Medicare eligible... as such, the money you get for medical will have to go into a WCMSA/setaside arrangement, you use that money to pay for any additional treatment to your injury. You cannot let Medicare pay for that. Once the money is exhausted, then Medicare will pay benefits.

You are being paid disfigurement/medical because the indemnity/3yr expectancy has been paid out. And, that is part of the "compromise" in a agreement to "release"... C&R.That's the way it works.

We are not being paid for medical....they are just going to continue to pay and work related injury bills like they have been.

[BvIA]

You said in your first post...

I asked for that amount, my medical and a 3 year expectancy., my answer back was the disfurement amount and medical.

Best make real sure of what that offer consists of...there is no incentive for them to pay out disfigurement and leave the medical open... because, when you die the claim dies. And when that happens, they save that money.

[whirlwind123]

I am having an attorney look it over, but the disfigurement was awarded many years ago., and that is basically all they are paying us for in the lump sum settlement, and then they are no longer having to pay the monthly compensation naturally., but all medical bills pertaining to the injury will continue., I will read it thoroughly and have an attorney read it also.

[BvIA]

Why wasnt' the disfigurement award paid out when the award was made...?
Disfigurement would or should have been paid lump sum at the time, and indemnity benefits could be paid weekly/bi weekly, with medical open.
Something missing here.

[whirlwind123]

The disfigurement was not paid out at the time( and at the time we had a lawyer) But we were advised and the attorney tried to fight it, but they stated, you cannot receive workmans compensation twice, we either got the disfigurement which was a lump sum payment or received my biweekly wages not both., we thoroughly looked into it at all angles and we were told that and it is in writing, upon death, or going back to work, we would not received the lump sum. now this was 25 years ago., so by collecting the biweekly wage was to our benefit., but since I am older now.,I wanted to get the lump sum and this is what they are offering.

[BvIA]

Something doens't make sense... If you were paid the bi weekly indemnity, by choice, and were barred from the disfigurement award, why would you be elgible for that payment now? [you cannot receive workmans compensation twice, we either got the disfigurement which was a lump sum payment or received my biweekly wages not both.,
How does your age make you eligible for something now, that you were barrred from receiving then?
And, as I said earlier...what is the incentive for them to pay the lump sum, and leave open the liability for additional medical care?
That is the "compromise" here it appears... in inexchange for the cash on disfigurement, you are agreeing to release from future medical care...that's what Im saying you need to be very clear on...

[explorereb96]

Is that really true? or was it the law at the time? I thought you could be paid specific loss award (disfigurment) and TTD or PD. One is for having a specific loss (like a leg amputated) and the other is for not being able to work and make wages, or in the case of PD not being able to make as much as you used to. I agree with BIVA, I would look closely at anything before I signed that....cause it sure sounds like they are trying to close the file on you and that usually means they want to end liability of everything medical and all.

[whirlwind123]

I would no longer be receiving my biweekly wages. Just the lump sum which would be the disfigurement award. I appreciate your help I will make sure to definately check on the medical as that is still an on going issue.