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  1. #1
    Join Date
    Sep 2019
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    2

    Default Hearing to Enforce Settlement

    If a settlement was agreed upon but the employee does not sign the settlement agreement because the employee cannot represent that the information in the agreement is correct, why would an attorney go straight to filing for a hearing instead of mediation? Can the employee request mediation before a hearing? If so who is responsible for the mediation fees?

  2. #2
    Join Date
    Sep 2019
    Posts
    2

    Default Re: Hearing to Enforce Settlement

    I thought I was clear but now I understand I was not. Do not know the legal terms I should be using. An amount was agreed upon. A settlement offer was received and is being reviewed. The employee asked if there was a deadline with no response. The attorney has filed for a hearing to enforce settlement.

  3. #3
    Join Date
    Oct 1971
    Posts
    5,049

    Default Re: Hearing to Enforce Settlement

    The attorney has filed for a hearing to enforce settlement.
    Sounds like a settlement conference, there's no law mandating you settle in N.C, the courts won't force you to settle anything.
    It may not be to your advantage to settle, it's a complicated decision that you should have a professional evaluate before deciding.
    I'll move this thread to the N.C board, you'll get more responses

    Referral Upon Receipt of a Form 33 Request for Hearing. In any case in which the Commission receives a Form 33 Request for Hearing, the Commission shall order that disputed case to a mediated settlement conference.
    http://www.ic.nc.gov/ncic/pages/medirule.htm

    Maybe complwyr will weigh in, he contributes to the N.C board and knows the laws of your state.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  4. #4
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,762

    Default Re: Hearing to Enforce Settlement

    The facts are not clear. A settlement reached in mediation, and documented on a "Mediated Settlement Agreement" as a result, is binding on the parties and can be enforced through the hearing process. A settlement reached through negotiation outside of a mediated settlement conference and documented by emails or letters may or may not be enforceable, depending on exactly what is in the letters and emails. Again, requesting a hearing is the way that would be enforced.

    It is not clear from your post exactly how your "settlement" was achieved. If you are unrepresented, then the insurance company may realize that they got a real good deal from you, and they are desperate to make it stick. I don't think I have ever seen an agreement negotiated by an unrepresented injured worker come close to what an experienced workers' comp lawyer could negotiate for them, so if that is your situation, then the insurance carrier will save money by paying their lawyer by the hour to litigate the issue in order to make that low-ball agreement binding on you.
    Last edited by complwyr; 09-23-2019 at 03:17 PM.
    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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