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Stip. and C&R questions

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J

jackinca

Guest
What is the name of your state? CA
I received a Stipulation with Request for Award on 9/24/87 and was rated at 39% disability due to a 2-level disc removal.
I subsequently had 3 more back surgeries. 5/96 and 5/97 for fusion and plate removal at the same levels as the surgery of 10/85. And 11/01, for a breakdown of the next level up from the previous fusion.
I have constantly been on pain and muscle relaxants since approx. 9/95.

Last May I received an offer from the WC ins. carrier for a lump sum settlement of my future medical award. It would be equal to approx. 72% of my original award. The offer is negotiable without a time limit to respond. This sounds like it would be equivalent to a C&R.

In discussing this with a friend in HR, she said it’s because my employer at the time of the accident “wants to get me off their books”.
I had a friend at a different company check with his HR to see if this was truly the case (I thought the ins. carrier had full financial responsibility at settlement). He verified this was true, my previous employer was paying the bills. He also suggested that if I wanted to accept the offer that I do so with the agreement that they cover all future prescription drugs.

Is this possible? This sounds more like a stip. than a C&R.
Are there actually variations of a C&R other than full release?
 


BlondiePB

Senior Member
jackinca said:
What is the name of your state? CA
I received a Stipulation with Request for Award on 9/24/87 and was rated at 39% disability due to a 2-level disc removal.
I subsequently had 3 more back surgeries. 5/96 and 5/97 for fusion and plate removal at the same levels as the surgery of 10/85. And 11/01, for a breakdown of the next level up from the previous fusion.
I have constantly been on pain and muscle relaxants since approx. 9/95.

Last May I received an offer from the WC ins. carrier for a lump sum settlement of my future medical award. It would be equal to approx. 72% of my original award. The offer is negotiable without a time limit to respond. This sounds like it would be equivalent to a C&R.

In discussing this with a friend in HR, she said it’s because my employer at the time of the accident “wants to get me off their books”.
I had a friend at a different company check with his HR to see if this was truly the case (I thought the ins. carrier had full financial responsibility at settlement). He verified this was true, my previous employer was paying the bills. He also suggested that if I wanted to accept the offer that I do so with the agreement that they cover all future prescription drugs.

Is this possible? This sounds more like a stip. than a C&R.
Are there actually variations of a C&R other than full release?
Yes, there are variations. It would be very wise for you to consult with a w/c attorney.
 

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