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Can Workmans Comp force to take buyout??

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danahli

Junior Member
My father worked for General Motors for 22 years. He was awarded workmans comp years ago. He is still disabled/handicapped to this day. He has received letters from GM requesting that he take a buyout. He is worried that they can force him to, therefore he will lose his medical coverage and so on. He is afraid to respond either way. Any suggestions?
 

abaga

Member
danahli said:
My father worked for General Motors for 22 years. He was awarded workmans comp years ago. He is still disabled/handicapped to this day. He has received letters from GM requesting that he take a buyout. He is worried that they can force him to, therefore he will lose his medical coverage and so on. He is afraid to respond either way. Any suggestions?
Where is your Dad's attorney in all of this? Please tell me he does have one!!!!! If not, he needs to get one ASAP! Let the attorney respond to the letter!
 
S

shell007

Guest
danahli said:
My father worked for General Motors for 22 years. He was awarded workmans comp years ago. He is still disabled/handicapped to this day. He has received letters from GM requesting that he take a buyout. He is worried that they can force him to, therefore he will lose his medical coverage and so on. He is afraid to respond either way. Any suggestions?
From where I grew up..."BUYOUT'S" seem to be the norm. lately. They can not force him to take the buy out, HOWEVER if he doesn't...HE WILL MORE THAN LIKELY END UP WITH NOTHING.
 

weenor

Senior Member
shellandty said:
From where I grew up..."BUYOUT'S" seem to be the norm. lately. They can not force him to take the buy out, HOWEVER if he doesn't...HE WILL MORE THAN LIKELY END UP WITH NOTHING.
That comment is simply untrue....Now what the insurance company is trying to do is to pay your father for closing future medical benefits so that the do not have the claim on the books. For your father the consideration is whether his current and future medical treatment is related to his original work injury. What can happen of course is that as we get older, things fail irrespective of injury...so it is possible that a doctor could state that a particular condition is not related to a work injury in the future...that is a risk your father will take ....thus, if a doctor deems the condition as not related..the comp carrier will deny payment and the treatment will be covered another way.

Is your father on SSDI- does he have Medicare...these are all issues to consider..but this is why he needs to consult with a local attorney that specializes in workers' compensation. Please keep in mind that in most states attorneys cannot get fees on medical benefits paid only on TTD so an attorney may not want to take the case, but a consult won't cost anything and your fathers' entire case should be evaluated before he decides anything.
 
S

shell007

Guest
weenor said:
That comment is simply untrue....Now what the insurance company is trying to do is to pay your father for closing future medical benefits so that the do not have the claim on the books. For your father the consideration is whether his current and future medical treatment is related to his original work injury. What can happen of course is that as we get older, things fail irrespective of injury...so it is possible that a doctor could state that a particular condition is not related to a work injury in the future...that is a risk your father will take ....thus, if a doctor deems the condition as not related..the comp carrier will deny payment and the treatment will be covered another way.

Is your father on SSDI- does he have Medicare...these are all issues to consider..but this is why he needs to consult with a local attorney that specializes in workers' compensation. Please keep in mind that in most states attorneys cannot get fees on medical benefits paid only on TTD so an attorney may not want to take the case, but a consult won't cost anything and your fathers' entire case should be evaluated before he decides anything.
Maybe I'm wrong in this case, but where I'm from..." It's a take it or leave it deal".
 

danahli

Junior Member
Not sure, Alabama, or Michigan????

Unfortunatley, my father does not have an attorney at this time, nor can he remember who handled his case here in Flint, Mi. He is insisting that I contact an attorney here in the state of Mi., but he no longer lives here, not to mention he cannot travel such a distance. He is located in the state of Alabama. Should I contact an attorney in Alabama, or here in Michigan where all of this originally took place? Any advice as to which state to select an attorney, and the reason I ask is brcause there is no way for my father to travel, therefore we woulld also have to go thru the steps to give me the power to sign, speak, etc. on his behalf. I would rather avaoid that at all cost, if you know what I mean? Please help.
 

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