Benefits Paid Over Disputed Period to Be Deducted from Settlement

[truckster]

My workers compensation claim was made in the State of: IN

I posted on another section of the forum and am very appreciative for the advice given, thanks much. I had yet another question regarding my settlement. Something doesn't seem right here. When I was sent to IN for an IME their doctor reported that I was able to be employed (they denied my surgery). My hearing was six months away and they stopped my checks. I called my attorney and asked about my options. He said he called them and 'persuaded' them to continue my checks until the hearing. When I settled last week he informed me that the last 6 months of checks would be considered a 'loan' of sorts and they would take the amount out of my final settlement. I was not told that when he informed me that my checks would continue. Now they are taking over 20K out of my settlement. I had no idea it was a loan. Does this sound right? Thanks much.

[.SH]

yes, probably.
if you were no longer temporarily disabled, then additional disability was not due.
the terms of the settlement- including the period that you were temporarily disabled- should have been contained in the settlement documents.
any payments beyond the period agreed to would allow the carrier to claim as credit.

review your settlement documents.
if the temporary disability period was in dispute or a different period was negotiated, that should have been part of the settlement information.

[truckster]

Yes, this was all verbal on the phone with my attorney. The complete package of settlement documents do not contain anything at all about any deductions other than my attorney's 33% fee (as agreed to). I would imagine that if the insurance company were going to deduct from my settlement, that this would be included in the final paperwork. (?) Nothing at all in the documents pertaining to that. I remember him saying on the phone that they 'agreed' to extend my checks to the hearing, and that they didn't really have to do that. In a later conversation, he said they had the right to deduct that period from my final settlement. I did the math, and it's not in the lump sum agreement whatsoever, nor it is even mentioned. I am awaiting the check in the mail from my attorney. Can they legally do this if I was not made aware that it was a 'loan'? I did not sign or agree to anything in any official document at any time. I was simply told they had 'agreed to extend my TTD until the hearing'. It's also very troubling that my attorney is unreachable now. He will not return my calls or emails, and his asst says he is out of state doing depositions. I guess I will have to wait for the check in order to explore my options, if any. Thanks for your advice

[.SH]

yes they can.
technically & legally it is not a loan.
overpayments can be claimed as a credit against future payments including settlements.
you are not required to sign for an overpayment of temporary disability.

the court is not going to allow you a windfall.
should you litigate the legitimacy of the credit, your conversation with your atty that they had the right to deduct that period from your final settlement will likely be part of the evidence submitted.
i doubt your atty will take such an issue forward and you'll have to proceed on your own behalf or try to find another atty.

[truckster]

Really appreciate your advice. Guess the check will be a surprise. At this point, I am more than ready to cut my losses and be done with the whole ordeal. On to the next battle, I suppose. Thanks again!

[.SH]

yup, I agree.
if they couldn't take credit then there is no way they'd continue the checks when you really needed them no matter how well your atty pleaded for you.
sorry to throw cold water on your arguments, but reality now reduces frustrations later.