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  1. #1
    Join Date
    May 2010
    Posts
    4

    Default How to Determine How Much to Settle for

    I was injured in the work place and had to see a doctor for several months. Claim was denied, and now lawyer for insurance company offered lump sum settlement. Insurance paid the medical bills. How much should I settle for?

    If I go to the hearing, can I get an award for the medical costs, even if paid by the insurance?

    Also, I've heard of AZ medicare can place lien on amounts paid by them. How do I know if they paid and is this ture?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: How to Determine How Much to Settle for

    This is a double post.
    You can't be paid twice for the same thing. You rec'd medical treatment, that is all you are eligible for. No award for the treatment again.

    WC indemnity awards/settlements are based on a impairment/disability rating %.
    What money you are being offered now is to drop your claim... the carrier has denied liability. Unless you intend to litigate the matter in comp court, they are being generous in offering you anything.
    This is a stipend for your 'troubles'.
    If Medicare has paid anything for your injury, the carrier will reimburse...it's just called a lien against your recovery. You don't actually pay those monies back.

    Why would Medicare be involved in your treatment ?

  3. #3
    Join Date
    May 2010
    Posts
    4

    Default Re: How to Determine How Much to Settle for

    Thanks Bv. i guess i meant ACHS (sp?). I'm not familiar w/ all the names. They paid for some of the treatment, but I'm not sure how much or which ones.

  4. #4
    Join Date
    May 2010
    Posts
    4

    Default Re: How to Determine How Much to Settle for

    Thanks again for the info. The insurance co is asking that i state the injury is forever denied and not subject to be "reopened" or "rearranged." what does that mean and is that even allowed?

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: How to Determine How Much to Settle for

    That means, for your consideration of the lump sum payment, you agree to drop any/all further claim for benefits to this injury. It's over, done, you move on, and pay for any further treatment out of your pocket.
    Yes it is legal/allowed.
    You could probably request a commutation of the indemnity due.. and leave the medical open. You should discuss your issues/questions with a attorney.
    23-1067. Commutation of compensation to lump sum payment

    A. The commission may allow commutation of the compensation awarded pursuant to section 23-1044, subsection B to a lump sum payment of not to exceed twenty-five thousand dollars, with or without the consent of the carrier liable for the commutation, under such rules, regulations and system of computation as it devises for obtaining the present value of the compensation.

    B. The commission may allow commutation of compensation pursuant to section 23-1044, subsection C, and section 23-1045, subsections B, C and D, to a lump sum of not to exceed twenty-five thousand dollars for commutation requests made before July 1, 1987, fifty thousand dollars for commutation requests made from and after June 30, 1987 but before July 1, 2007 and one hundred fifty thousand dollars for commutation requests made from and after June 30, 2007, with the consent of the carrier liable to pay the claim, under such rules, regulations and system of computation as it devises for obtaining the present value of the compensation.
    More info on comp in AZ is in section 9 here http://www.azleg.gov/ArizonaRevisedS...s.asp?Title=23

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