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NC - "Partial Clincher" for indemnity, open medical - Printable Version

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NC - "Partial Clincher" for indemnity, open medical - HeyNowNC - 08-01-2016

Hi Everyone
A good friend of mine who has been dealing with an injury for nearly 5 years called me today and asked if I had ever heard of an offer by adjuster for "partial clincher" paid with the PPD. He's got an SCS too, and has to take meds indefinitely too. We can relate. His attorney wants to discuss options and I was asked if I had been offered this. The way he explained it, they would pay the rating and also an amount to release them from TTD whenever he has to be out of work, but the medical would stay open. He isnt sure he wants to go this route and asked me my thoughts. Well, this wasn't offered to me...maybe because my weekly rate is low enough that my adjuster isn't concerned about it! I did some searches and didnt find anything. Maybe I should suggest to my attorney?  Has anyone heard of this type of arrangement and are there any unintended negative consequences? I'd set the money aside to cover any time out of work, so I would essentially be betting that the cost would be that amount or less, and the adjuster would be betting that what they pay me would be cheaper than the risk of open indemnity. I dont see a down side if medical stays open and if I am interpreting this correctly.

Thanks


RE: NC - "Partial Clincher" for indemnity, open medical - 1171 - 08-01-2016

a couple thoughts:
any issue or benefit can be settled without affecting unsettled benefits. generally a carrier/employer wishes to be able to close their claim to reduce their administrative burden so these partial settlements are rare.
the consequences are the same as with any settlement. if he is out of work longer then amount he settled for then he will have received less then if he didn't settle.
for ssdi to kick in one has to be out a year.
the offer cannot be correctly evaluated without knowing how much the settlement is and the chances of future lost time due to the injury. a years worth of ssdi might be a good yardstick to measure their offer.
it also might be wise for your friend to look into a private disability policy to see if they would also cover future uncovered wok injury disability and what the premiums would be.
if your friend is still working such a settlement would not preclude the filing of a new injury, should the current injury be aggravated to such an extent as to loose time from work.
question for friends atty: what impact if any would this settlement have on the choice between a PPD rating rather then wage loss for the permanent impairment benefits?


RE: NC - "Partial Clincher" for indemnity, open medical - HeyNowNC - 08-02-2016

Thank you for the advice. My adjuster wants to be rid of my case so I probably won't have this option, though I will leave my medical open (my surgeon advised this). It is interesting how different cases can be-- his offer does not require him to leave the position (they want him to stay) though I have read that many employers require resignation if any type of settlement is arranged. It's weird how that works -- workers comp is about protecting position and income while limiting liability of employer, but resignation required if the get you off their books. Thanks again


RE: NC - "Partial Clincher" for indemnity, open medical - 1171 - 08-02-2016

Yup.
Settlements can be customized in many different ways to resolve disputes.
Many employers do not want a litigant employee On the books and able to file another claim once they've been paid off.
It all depends on which side of the injury you,re on.