Checklist for Pennsylvania Compromise & Release Agreements

When you settle a Pennsylvania Workers’ Compensation case via Compromise & Release- the name of our form for global/lump sum settlements, there are many issues to consider:

  1. Are the names of the parties listed correctly and spelled properly?
  2. Is the date of injury accurate?
  3. Does the C & R properly reflect the accepted body part and diagnosis?
  4. Is the amount of the settlement listed accurately?
  5. Is there language explaining what is happening with medical benefits and if they are ending, what is the end date?
  6. Are any petitions going to remain open or will any pending petitions be marked as withdrawn or granted?
  7. Are there any child support liens and how will any arrears be dealt with?
  8. Is Medicare an issue, why or why not?
  9. If there is a resignation required, make sure there is consideration and that it’s a separate document- the WCJ does not have jurisdiction over the issue.
  10. Is the Social Security Disability language added and calculated properly?
  11. Any Medicaid liens?
  12. Did you get approval for and insert any litigation costs?
  13. Does client understand subrogation concept regarding 3rd party claims?
  14. If there were any credits being discussed prior to C & R, are they being waived? (UC benefits, etc)
  15. Does client understand finality of C & R- that even if conditions worsen, they cannot come back and ask for additional benefits once Order approving C & R is entered?
  16. Do the parties waive the applicable 20 day appeal period?

These are just some of the issues that must be carefully analyzed when entering into a Pennsylvania Workers’ Compensation Compromise & Release Agreement.

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