[tmilit01]

I'm actually doing this on behalf of my father, who isn't good with using the internet or forums.

Anyway, we've been working together on a worker's compensation case since his injury in October of 2010. He was injured after a co-worker jokingly slammed him into a wall, injury his back and requiring a 5 hour surgery in February of 2011.

Anyway, we finally got an offer from the company he worked for and the amount is $300,000. Right now, all he's getting is $2200 a month in SSI, and he has to give $500.00 of that to his ex-wife (I'll get to that later). The lawyer says after taking his cut, my dad should finish with roughly $200,000.

So here's the questions:

1. Is this a good settlement offer? My dad would rather have some sort of monthly compensation (one settlement suggested was 6 years, $3200 a month but was either pulled or never offered). He's 58 years old now, and both his personal doctor and the company's had said he'll never work again. He's permanently disabled.

2. If we decided not to take the settlement, what's the likelihood of winning lifetime monthly compensation? Without too many specific, here's some key facts:

- There was 3 witnesses (2 people witness my dad by pushed, and the man who actually pushed him).
- My dad was born with partial scoliosis, but it never affected him significantly until the attack which resorted in the back injury. He went from completely functional to barely being able to move after the injury.

Is there any info on how many claims won vs. how many claims lost in Michigan? Is that public information?

3. Once you win or get a settlement, how much do they make your life miserable? Do they constantly harass you and spy you? Do they make you go back to doctors on a regular basis to confirm you're still disabled? Can they make him go back to work under restrictions?

4. This is probably the most important part: my dad was divorced in 2010 and the papers were signed in January 2011. But there's still been issues since then and he's been repeatedly harassed and sued by her. There's nothing in the divorce papers guaranteeing worker's compensation, but between the judge and her attorney they've managed to squeeze money out of my dad on a regular basis since 2011. Not sure how Michigan laws work, but if she comes after my father again over this worker's comp, what's the likelihood if she gets anything?

Basically, my questions are all about the likelihood of these things happening. I know each case is unique and I'm not asking for guarantees, but anyone with similar circumstances or any opinions in general would help.

[1171]

settlement values are based on the present value of future benefits owed.
it doesn't sound like either your or your father have any idea as to what future benefits he is likely to be paid?

since he's had surgery I assume the carrier has paid for it and the claim is not denied. so what are the issues?

I don't know what you mean by "won" or" lost".
if you ask for $10 and they say $0 and the parties settle for $5 is that a win or a loss?

what do you mean by settlement? buyout all future liability or an agreement to future benefits?

as far as attaching comp benefits about the only lien allowed would be for back child support.
the best one to answer questions about the likelihood of events would be an experienced work comp atty.

you or your dad need to read up on what benefits he is eligible for
general information
http://www.michigan.gov/wca/0,4682,7-191...--,00.html

here is a link to the disability calculation program
http://www.michigan.gov/wca/0,4682,7-191...--,00.html

if you want to read some legal decisions go here
http://www.dleg.state.mi.us/dms/home-wca.asp

[tmilit01]

The surgery he received was while he was still under his Raytheon contract while he still had insurance. He was on unpaid leave.

They denied the claim and that's why he had to get a lawyer.

The settlement is $300,000 and all future medical bills, from what I understand.

[1171]

so your father has never received any work comp benefits and the claim was denied from day one?

sounds like they may have denied the claim on some kind of "horseplay" theory???

I don't don't know what kind or quality of evidence can be presented by either side especially after 3 years so I can't judge the chances of prevailing.
I assume there have been depositions and maybe a hearing or two since the injury.

all or nothing cases where there has been a serious injury with very high potential costs are very difficult to price out- Permanent Total with high medical and retroactive $$

this is the type of case that needs to be closed out with a buyout settlement. the carriers risk seems to be greater then your fathers.
there is another complicating factor: Medicare.
Since your father is/will be eligible for Medicare a buyout of all benefits including Medical now requires that a Set Aside account be approved by Center for Medicare Services.
the review potential settlements and recommend on the size of the medical portion of the buyout amount. this process often delays and frustrates the settlement process
more here
http://www.cms.gov/Medicare/Coordination...rview.html

the best way to approach the evaluation of a settlement figure in this type of claim is to determine the potential payout from the carrier should the court determine the injury was covered by workers compensation insurance and then factor that by the chance of prevailing. the work comp atty is in the best position to judge that risk.
be aware that should a settlement not be reached and the case goes to court for a decision, the carrier will very likely appeal any adverse finding as many times as possible-- the $$ value is too high to rollover very easily. even if your father wins at the first level it could be 2 more years before appeals are exhausted.

given the complications and the length of the claim it is impossible for anyone not familiar with the enormous details of your father's case to determine with any precision it's settlement value.

P.S.
if your dad wants monthly payments rather then a lumpsum he should ask about a "structured" settlement.
the carrier uses the lumpsum buyout $$ to purchase an annuity - the pay out terms can be designed any way he wishes and guaranteed. when the annuity is in the carriers name the proceeds are not taxable.
interest rates now are very terrible so it would not be worth much more the a lumpsum but it does have the payout and tax options he might want.

[jayne]

the settlement is for future earnings so all she should be able to get is her normal spousal support please talk to your lawyer.If she works now and he doesnt maybe he can turn it around and get support from her! lol most settlements are paid in a lump sum but are written out for ssdi sake as being paid out over a life time so he doesnt lose his ssdi so in the laws eyed he is only getting 100 dollars a week or whatever his ends up being....Your Dad sounds like he needs 24 hour care are you giving it? you need to write out all his expences including the cost of a 24 hr hour care and submit it to the divorce court and see if you cant get that lowered if she is working,if she isnt she needs to eat to you know.