NLW, is this normal?

[NLW]

They don't have to settle. That is the short answer. If you get an attorney, and settled at $50,000 you will end up with about $37,500 after attorney's fees and it will probably take you a long time to get there. Cases can last YEARS. However, in the interim, they should continue paying you as you have permanent work restrictions have not returned to work because of those restrictions.

The Court will side with whichever party they believe to be the most credible.

You could try calling the Department of Labor and asking what to do if the insurance company is refusing to provide vocational benefits. The number is 1-800-272-4353. This information could be valuable when trying to decide what to do next.

 

[mbird]

Thank You!

Thank You, NLW.

I'll keep you updated.

 

[mbird]

NLW, need your help again...

Hello, hope you and yours are well. After all this, they finally got a 50.000 settlement. Then, last week, we went to the hearing at the Depto. of Labor, and the comissioner said that he couldn't approve because were missing documents (in their part) plus the weekly values should be more ( my adjuster always sent checks for 60% as I was receveing 800,00 and I always told him that the exact amount was 1.000.
The comissioner said that they have to correct that and set up another hearing. My question is : Can they (insurance company) cancel the settlement? Should I receive the difference of what was being paid and the correct amount?
Thank You for any advice...

 

[NLW]

The insurance company doesn't have to settle, so they could cancel the settlement if they wanted. However, I think that is unlikely. Given that the Department of Labor has increased your weekly benefit, the settlement value has increased. It's been awhile, so I don't remember your benefit rate - were you receiving 60% of 800.00 and it should have been 60% of 1000?

They should pay you the difference - this amount may be included in the settlement, or may be paid separately. You should call your adjuster and see how the insurance company plans to handle that.

 

[mbird]

Thank You.
This is the problem : I've calling the last 2 weeks, left many messages and no answer.

 

[NLW]

I'm sorry, mbird. No fun.

You might consider sending in a formal written demand requesting your benefit checks to be increased to be consistent with what the Dept of Labor decided. I'd also demand the difference in all benefits accrued to date. You could cc: the Dept of Labor. Maybe that will spark some attention.

 

[mbird]

Thank You!

I'm afraid if I do that, they will take longer to settle. Has been 21 months that I'm dealing with this and I really don't want to make this keep going. There is no respect from the insurance company and that is very hard to take and is like my life stopped at that point. I just don't understand how they can do this without being punished or something. Anyway, I thank You AGAIN NLW, and will keep in touch.

Best regards.

 

[mbird]

One more Question:

If they decide not to settle, when am i supossed to get paid for my impairment rating?
You said something about a " settlement demand". How that works? Could I ask for one based on the hard time the insurance company is giving me?

Thank You very much...again.

 

[NLW]

I believe the impairment rating is due right away, so if you aren't settling, they should pay that to you outright. I refer to my post of 3/18/09 - I would write a letter to the insurance company. Something like this:

Pursuant to the decision of the Department of Labor on <date>, I'm requesting you recalculate my benefit rate in accordance with the determination of the correct average weekly wage. Please begin issuing benefits at the corrected rate immediately, and issue any accrued but unpaid benefits immediately.

Please respond outlining your intentions with regard to your position on settlement of my claim. If your intentions with regard to settlement have changed, please advise immediately, and issue my impairment award in full.

 

[mbird]

Thank You!

Thank You ...again. I'll.