Workers' Compensation Discussion Forums

Well, it's been three months now since I had my hearing to determine whether the IC fulfilled their financial obligation in my settlement agreement and final release (clincher) that was approved by WC in late 2006.

As a refresher, the clincher was approved last year by the WC Commissioner, but when I went to my attorney's office to pick up my lump sum settlement check, it was several thousand less than the amount agreed upon and approved by the commissioner.  When I refused to accept the check, my attorney got po'd, grabbed the check, and "escorted" me to the door.  He filed paperwork for a hearing for the WC Commissioner to make a determination whether the IC had given me the correct amount of money.  A hearing was held in January 07, and the commissioner stopped in the middle of the hearing and gave me the option of asking for a postponement so that I could fire my attorney and come back and represent myself, since it was obvious that my attorney had sided with the Insurance Carrier and they were trying to "gang up" on me.  When I went to the hearing, since I was represented by an attorney (and even though he was now working against me), I was not allowed to tell my side of the story. My attorney apparently made some kind of a "Gentlemen's Agreement" on the side with the IC so that they would not have to pay me the full amount agreed on.  So, the only way I could tell my side of the story was to not be represented by an attorney.  My hearing was postponed until March 07. Paperwork was submitted to WC and approved for release of representation by my attorney. We had the hearing in March 07 and I told my side of the story and I presented legal argument and quoted SC law to support the fact that the IC did not fulfill their financial obligation to the terms of our agreed settlement.  In the meantime, my lump sum settlement and Medicare set-aside funds are being held in a trust fund until the issue is settled.  Of course, when my former attorney received his check for legal fees from the IC (his percentage from my lump sum settlement), he was allowed to cash it.  That sucks.  I have sent three emails over the last six weeks to the commissioner's administrative assistant regarding a decision, and she emailed back that she will "have to ask the commissioner about this file".  My daughter-in-law who is an attorney, says there is really nothing else legally that I can do but wait.  I don't want to keep bugging the commissioner's assistant - fearing that may influence the commissioner's ruling.  Luckily, I am working full-time now, but still - I want what is due to me!!!

Needmyhands Wrote:Well, it's been three months now since I had my hearing to determine whether the IC fulfilled their financial obligation in my settlement agreement and final release (clincher) that was approved by WC in late 2006.

As a refresher, the clincher was approved last year by the WC Commissioner, but when I went to my attorney's office to pick up my lump sum settlement check, it was several thousand less than the amount agreed upon and approved by the commissioner.  When I refused to accept the check, my attorney got po'd, grabbed the check, and "escorted" me to the door.  He filed paperwork for a hearing for the WC Commissioner to make a determination whether the IC had given me the correct amount of money.  A hearing was held in January 07, and the commissioner stopped in the middle of the hearing and gave me the option of asking for a postponement so that I could fire my attorney and come back and represent myself, since it was obvious that my attorney had sided with the Insurance Carrier and they were trying to "gang up" on me.  When I went to the hearing, since I was represented by an attorney (and even though he was now working against me), I was not allowed to tell my side of the story. My attorney apparently made some kind of a "Gentlemen's Agreement" on the side with the IC so that they would not have to pay me the full amount agreed on.  So, the only way I could tell my side of the story was to not be represented by an attorney.  My hearing was postponed until March 07. Paperwork was submitted to WC and approved for release of representation by my attorney. We had the hearing in March 07 and I told my side of the story and I presented legal argument and quoted SC law to support the fact that the IC did not fulfill their financial obligation to the terms of our agreed settlement.  In the meantime, my lump sum settlement and Medicare set-aside funds are being held in a trust fund until the issue is settled.  Of course, when my former attorney received his check for legal fees from the IC (his percentage from my lump sum settlement), he was allowed to cash it.  That sucks.  I have sent three emails over the last six weeks to the commissioner's administrative assistant regarding a decision, and she emailed back that she will "have to ask the commissioner about this file".  My daughter-in-law who is an attorney, says there is really nothing else legally that I can do but wait.  I don't want to keep bugging the commissioner's assistant - fearing that may influence the commissioner's ruling.  Luckily, I am working full-time now, but still - I want what is due to me!!!

Need,
hope this day finds you well as can be, what a nightmare for you. It is bad enough having to go through this ordeal and then be set up by your attorney. Here's hoping you get this resolved soon in your favor and that your attorney has to pay funds back to you!

im no good at waiting it gets on my nerves more than anything i go tomorrow for some stuff im wandering if they will be folloring me i hope they get a eye full if they are maybe they will turn it in to the rite people and they will put my ssa case on thru and wc will come across ha ha but i hope you the best and be careful you never know what people will do now a days its almost 900 prayer time here remember to be as pain free as can be

Needmyhands Wrote:I have sent three emails over the last six weeks to the commissioner's administrative assistant regarding a decision, and she emailed back that she will "have to ask the commissioner about this file".  My daughter-in-law who is an attorney, says there is really nothing else legally that I can do but wait.  I don't want to keep bugging the commissioner's assistant - fearing that may influence the commissioner's ruling.  Luckily, I am working full-time now, but still - I want what is due to me!!!

Need~
The waiting does suck.  I do know that the commissioners here in South Carolina are bogged down and have been for some time.  Like you, I, too, would be a little concerned about perturbing the commissioner.  I know it's hard as all get out, but if it were me, I'd give it a little more time since you've already contacted the commission three times already within 6 weeks.

Well, got a letter in the mail today from the SC Workers Compensation Commissioner.  It was ruled that after a "meeting of the minds", there was a "mutual mistake" made by attorneys on both sides and the insurance carrier was entitled to the credit (I'm not surprised), HOWEVER, the insurance carrier's attorney is required to amend the settlement agreement to show the exact amount that the IC gets (that info was omitted from the original agreement) and they have 30 days to submit the info to the WC Commission.  Sooo, hopefully I will get my settlement check soon.  I figured the commissioner would not rule in my favor on the IC credit deal but at least I am getting the settlement worded to match what I will actually be paid.

Needmyhands Wrote:Well, got a letter in the mail today from the SC Workers Compensation Commissioner.  It was ruled that after a "meeting of the minds", there was a "mutual mistake" made by attorneys on both sides and the insurance carrier was entitled to the credit (I'm not surprised), HOWEVER, the insurance carrier's attorney is required to amend the settlement agreement to show the exact amount that the IC gets (that info was omitted from the original agreement) and they have 30 days to submit the info to the WC Commission.  Sooo, hopefully I will get my settlement check soon.  I figured the commissioner would not rule in my favor on the IC credit deal but at least I am getting the settlement worded to match what I will actually be paid.

So, how soon will they release the funds from trust for you?