Workers' Compensation Discussion Forums

Full Version: Settlement Dispute??
You're currently viewing a stripped down version of our content. View the full version with proper formatting.
Prior to my hearing two weeks ago my atty told me that IC wanted to offer a settlement at hearing. Went to said hearing and before we even got in to see judge my atty tells me that the employer is not allowing IC to settle.Then the IC Atty comes in to speak with my atty. My atty comes back and says that a mistake was made in wage figures that they got from employer and that I actually made about 40% more than reported.IC Atty asked for an extension to refigure everything, I said being a mistake to my favor SURE.My atty has since said that he believes the IC wants to make a settlement offer.I asked him if they could do that with the employer against ,He said they can make the offer and the employer can fight it. My questions are
1. Why would the IC offer a settlement knowing that the employer will not accept it?
2. I was terminated the day I informed employer I would not be able to do this job (no offer of light duty) Why would the employer have the right to dispute a settlement if it is the IC that will be paying either lump sum or dragged out bi-weekly payments?
3. Can the judge order the employer to accept a lump sum offer?
I am in Mass. and should be going to the next hearing within a few weeks. Thanks in advance.
one make sure your back pay is not included in settlement but a seperate amount.....and you want that within 30 days......now as to your settlement...if your job is self insured they will have a say......you job may feel your settlement may come out in premiums from them .....the judge can order what ever he wants within the law and they can disbute it if they please and draw this out for awhile that is why you wany your back pay a seperate thing.......good luck....most times they do what the judge asks....without to much trouble
Reference URL's