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:
- Are the names of the parties listed correctly and spelled properly?
- Is the date of injury accurate?
- Does the C & R properly reflect the accepted body part and diagnosis?
- Is the amount of the settlement listed accurately?
- Is there language explaining what is happening with medical benefits and if they are ending, what is the end date?
- Are any petitions going to remain open or will any pending petitions be marked as withdrawn or granted?
- Are there any child support liens and how will any arrears be dealt with?
- Is Medicare an issue, why or why not?
- 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.
- Is the Social Security Disability language added and calculated properly?
- Any Medicaid liens?
- Did you get approval for and insert any litigation costs?
- Does client understand subrogation concept regarding 3rd party claims?
- If there were any credits being discussed prior to C & R, are they being waived? (UC benefits, etc)
- 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?
- 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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