YOU CAN’T SETTLE IF YOU DON’T KNOW THE ISSUES

HOW MANY PIECES ARE THERE TO THE SETTLEMENT PUZZLE?  
Answer:  Probably more than you think.
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The more issues there are in a negotiation, the greater the opportunity for give and take across issues. This adds flexibility for parties to shape a settlement acceptable to all. Trading across issues in negotiation is called “logrolling.”Every case has its own unique issues. Here is a partial list, some obvious, some I have seen people miss.

INCOME ISSUES
  • Disability percentage, including whether the disability is caused by an industrial injury
  • Apportionment
  • Applicable Date of Injury
  • Past payments- when were Permanent Disability payments supposed to start? Was the right rate used? Were past payments properly characterized as PD- or should they have been TD, Temporary Disability. Is there a TD overpayment?
  • If Life Pension payments will be due, when should they start?
  • Average Weekly Wage- Have you taken into account overtime and the value of non-cash compensation?
  • Ability to perform future work
  • Return to Work issues- will the employer provide modified work?
  • What about training? Check the new California law about computer purchases.
  • Liens
  • Penalties
MEDICAL ISSUES
  • What are the accepted body parts?
  • What expenses are reasonable and necessary? This can include issues about support services.
  • What is the appropriate medical specialty?
  • Is the treatment the Applicant wants compensable?
  • Is the Applicant’s over-all medical condition likely to shorten life expectancy?

 

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