MSA. PD and C&R

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(06-22-2012 03:24 PM)casual1 Wrote:  I have been injured since 2005. I have not been paid PD by the carrier, even though they agree with the AME report performed in November 2011. Now that want to pay my PD in June 2012, want a MSA, want to do a C&R. The MSA is less than 25K, not a required by CMS.
I am owed PD plus penalities. Same with Mileage plus penalities.
Will the C&R include everything (PD, penalities, Future Medical, Mileage, etc.)
I have an E-Mail from DA stating that they are paying me X amount for PD (no penalities) in a check today, then state the MSA is worth 20K, going through the process.
Will the C&R total include the PD plus the MSA total or one total.
Lets say I get 5K for PD and the MSA is worth 20K. Will the C&R be for 25K or 20K? Is the C&R for the total case or just for future medical?

the settlement should include everything that is being negotiated.
if those benefits are not addressed then the C&R does not inclulde them.


in any event the C&R language generally will close out all liability so that acceptance of the amount will resolve all disputes.
read the language carefully to make sure it's all covered.

without knowing how the set aside account was set up i don't know if there will be separate check to a third party MSA administrator.

if you have an atty should should make a list of questions for them before signing the C&R.