Hello There, Guest! Login Register
Index    |     Search    |     Members    |     Help

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Need quick info plz
#1
My husband has an atty and he had basically agreed to a settlement (not signed yet). Concern now is...he had just completed all of the necessary paperwork to try and get short term disability. The ins comp now says that if he gets any ex benefit that he is not entitled to his short term disability back payments (est 8,000$). They atty has said it is not his expertise to advise if he can still fight for the std payment or not. He has instructed my husband to talk to another attorney about that. The contract my husband is expected to sign does not state that he cant go after the std company and he has doctor evidence backing his claim for std. His work denies that it is wc and the settlement contract states that, but it is still considered a wc settlement. So couple questions...would his settlement documents override the policy to not pay if there is a wc benefit even with his work denying there was an injury? It is degenerative disk disorder that was aggravated. Should he be having to pay another atty to answer that for him? Should his atty have that info? We are located in GA. Thank you for any info. It is greatly appreciated.
 
Reply
#2
your husband is arguing that he has a work injury and the employer is arguing he does not and the settlement is to resolve that dispute. it would be difficult for your husband to then pursue the sdt carrier and argue the opposite and that it is not a work injury; hard to have it both ways.......
it's very difficult to argue both sides of the issue and collect from both the comp carrier and the sdt carrier for the same injury.
there may be a way to litigate the sdt claim but i agree with your atty you should contact a civil lawyer about possibility of suing the sdt carrier or getting court determination on whether the injury is a work injury or not.
there are many specialties within the realm of law; no one atty can be expert in all. your atty is being honest. you wouldn't want him to give you wrong advice
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#3
Thank you so much. Smile
 
Reply
#4
To get complete benefits from either one you would need a court determination rather then a settlement.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#5
You need to contact an attorney who deals with STD/LTD. This is an Erisa attorney.

You should request a copy of the STD policy. Some policies state any income from any source is subject to an offset. This means you cannot double dip. If this is his policy the STD carrier can take a credit. It would be impossible for anyone to know what your husbands policy covers, so I suggest getting a copy of it and also the LTD policy if he has one, and contact an Erisa attorney. Sometimes there are ways to structure a settlement so STD/LTD does not consider it as income.

Some STD policies cover work related injuries while others do not.

Your work comp attorney would not know about this type of law as it is specialized and I have not met one who does both.

I know that your husband applied for the STD...but they are no walk in the park to deal with either. It is important to get a copy of the policy and find out if it states "any occupation" or "own occupation". They can be PITA (pain in the ass) and (bitch) to deal with.

Good luck.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
Reply
  


Possibly Related Threads...
Thread Author Replies Views Last Post
  Quick question from south dakota Dontworryaboutit 8 3,271 03-19-2017, 12:19 PM
Last Post: 1171
  Just a quick question missinandre 1 1,699 06-15-2016, 12:02 PM
Last Post: 1171
  QUICK HELP - work hardening constantpain 4 5,829 08-27-2012, 05:45 PM
Last Post: 1171
  Quick update.... ammowoman 4 4,257 07-06-2011, 12:44 PM
Last Post: BooBoosNeck
Question Med question and a quick catch up Sithie 13 11,791 06-26-2011, 08:34 PM
Last Post: weezle735
  Quick question kb33dawgs 4 5,105 12-29-2010, 03:53 PM
Last Post: kb33dawgs
  Just a real quick question TiredOfHurting09 13 9,022 09-14-2009, 11:01 AM
Last Post: TiredOfHurting09
  QUICK QUESTION halftrak 3 3,595 02-23-2009, 01:13 PM
Last Post: Still in Limbo
  Quick question..... dave_tube 36 24,272 01-02-2009, 05:06 PM
Last Post: dave_tube
  new here, quick questions angelmcgwire 5 4,776 10-27-2008, 05:13 PM
Last Post: bronco54501

Forum Jump:


Browsing: 1 Guest(s)