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What Happens if the Employer does not agree with the workers comp Insurance Companies

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mosabie

Junior Member
What if the Employer does not agree with the comp Insurance Company's settlement

Massachusetts workers comp law states that one can not settle a wc claim unless the employer signs off on it... well i wanna know what can the insurance company do if they wanna sign an agreement anyway..is there a way for them to get over that hump and settle anyway with out consent? i have been to all docs. and they all say the same thing " permanent partial disability" i think the ic is trying to save themselves and him a ton of money but he is not complying ...he is being a fool in my book...we all signed off 2 weeks ago--( ic , my lawyer and i ) and the judge is willing to agree and stamp the forms to make it official as soon as she gets his signed forms...he is slowing up the works...i just wanna know if there is a motive- like premiums- or if he is just being a jerk cause he can..also is there a way around him in order to end this and not have to go back through this whole hearing process again..any help would b awesome..!
**************...thank u**************.....
 
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Willlyjo

Guest
Massachusetts workers comp law states that one can not settle a wc claim unless the employer signs off on it... well i wanna know what can the insurance company do if they wanna sign an agreement anyway..is there a way for them to get over that hump and settle anyway with out consent? i have been to all docs. and they all say the same thing " permanent partial disability" i think the ic is trying to save themselves and him a ton of money but he is not complying ...he is being a fool in my book...we all signed off 2 weeks ago--( ic , my lawyer and i ) and the judge is willing to agree and stamp the forms to make it official as soon as she gets his signed forms...he is slowing up the works...i just wanna know if there is a motive- like premiums- or if he is just being a jerk cause he can..also is there a way around him in order to end this and not have to go back through this whole hearing process again..any help would b awesome..!
**************...thank u**************.....
Hmmm...I'm a bit baffled. Isn't that what the Insurance Company is for? To decide if a claim should be paid or not? I don't understand how the employer has any say-so about whether the IC wants to settle with the injured worker or not. That is what the attorney and the IC is for. Seems like you are misinterpreting something or the Workers' Compensation Laws in your state are most peculiar. :confused:
 

mosabie

Junior Member
General Laws of Massachusetts - Chapter 152 Worker's Compensation. - Section 1 Definitions

Section 48. (1) Under the conditions and limitations specified in this chapter, the insurer and employee may, with the written consent of the employer if such employer is an experience modified insured, by an agreement pursuant to section nineteen, redeem any liability for compensation, in whole or in part, by the payment by the insurer of a lump sum amount. Where the employee is not represented by counsel, where the parties seek determination by an administrative judge or administrative law judge of the fair and reasonable amount to be paid out of the lump sum to discharge a lien cognizable under section forty-six A, or where any party requests that such agreement be approved by an administrative judge or administrative law judge prior to the filing of such agreement with the department, a lump sum agreement shall not have been perfected until and unless approved by an administrative judge or administrative law judge as being in the claimant’s best interest. In all other cases the agreement shall not have been perfected until reviewed and approved as complete by a conciliator, administrative judge or administrative law judge as appropriate. A conciliator shall be made available in each regional office to review settlements without appointment.
 
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