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  1. #1
    Join Date
    Jul 2011
    Posts
    2

    Thumbs down Offer Made at Mediation

    At my mediation I was made an offer of 16.5k and 2 days after I wrote my letter of accepting the offer they had lowered it to 5k is there something I can do to get the original resolution back?

  2. #2
    Join Date
    Oct 2006
    Posts
    9,078

    Default Re: Offer Made at Mediation

    unknown.
    the parties can continue to negotiate after mediation. if the issue cannot be resolved either party can request a trial in comp court.
    more information here
    http://www.workerscomp.state.nm.us/pdf/booklets/C1.pdf

  3. #3
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,760

    Default Re: Offer Made at Mediation

    Sounds like the insurance company uncovered some new facts and that is why the offer went down. Ask your lawyer whether the agreement for 16.5 was actually made and if so can it be enforced. Under basic contract law principles, an offer can be withdrawn before it is accepted. That may have happened in your case.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

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