CAN WE SETTLE A CASE ON A COMPROMISE BASIS IF THE ORIGINAL INJURY WAS COMPENSABLE?
A. While it would be nice to avoid the two year right to reopen in every case, that right is given to the employee pursuant to the statute and at a minimum, there must be some disagreement and appropriate compensation for the waiver of such right must be given. The problem is in determining what amount of payment is appropriate where no analysis as to the likelihood of a change of condition or the expense of future treatment has been undertaken. While it is possible to execute a Section 15 Agreement by setting out a potential dispute and a small payment, that Agreement might be set aside in the future (especially if the employee is unrepresented by counsel) where it appears that the employee has been misled concerning the right to reopen or its value. Where the possibility of future medical treatment is great, the payment for giving up the right to reopen would need to be substantial. But if the time within which the right to reopen might be exercised is short, then the consideration f
Related Questions
- Do we have to send the original medical receipts or are photocopies acceptable? I am concerned in case the originals are lost or not approved?
- Why not let our trained social workers decide which homes are best for children on a case by case basis?
- Does an injury case require an attorney who "specializes" in personal injury law?
