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  1. #1

    Default Re: workers comp checks

    What if you have an auto and workeers comp calim, and auto claim was reported but not the worker's comp til 10 months later. In the meantime the auto paid up til the IME appointment, so you then applied for worker's comp. So they retroed all of the money back from the date of the accident, now I have to pafy them back some of the money, because they said that I cwas receiving benfits from both parties. This was noted to my lawyer, because I didn't go to him until the funds from the auto side of the accident stopped. Do you think that it's right that I should have to repady them?

  2. #2

    Default Re: Repaying Worker's Compensation Benefits

    It is likely that the workers' compensation statutes in your state require you to repay the carrier for the benefits. What did your lawyer say?

  3. #3
    Join Date
    Jun 2006
    Location
    Practicing in Los Angeles, California
    Posts
    411

    Default Re: workers comp checks

    Quote Quoting llwate@yahoo.com
    What if you have an auto and workeers comp calim, and auto claim was reported but not the worker's comp til 10 months later. In the meantime the auto paid up til the IME appointment, so you then applied for worker's comp. So they retroed all of the money back from the date of the accident, now I have to pafy them back some of the money, because they said that I cwas receiving benfits from both parties. This was noted to my lawyer, because I didn't go to him until the funds from the auto side of the accident stopped. Do you think that it's right that I should have to repady them?
    My response:

    The "equitable apportionment doctrine" applies in the workers' compensation context when an injured employee recovers from a third party tortfeasor and the nonparty employer (or workers' comp carrier) obtains reimbursement out of the employee's recovery for workers' comp benefits paid: The employer (lienholder) must pay a portion of the attorney fees incurred by the employee in obtaining the recovery; i.e., the reimbursable amount is net of the lienholder's equitable share of the employee's attorney fees incurred to obtain the third party damages award (judgment or settlement).

    So, if your injury is rationally, and legally, connected to the injury from your work-related incident, then the Workers' Compensation carrier has an automatic lien on your recovery from the third party tortfeasor.

    For example, you're on the job, working. Your morning assignment is to drive from point A to point B. Along the route, you get T-Boned in an intersection by Ms. Smith. Since you were injured on the job, the WC carrier pays for your medicals that you've incurred due to your injured back, neck and legs. However, down the road, and before the Statute of Limitations expires, you decide to sue Ms. Smith for your injuries and general damages. If you win your lawsuit against Ms. Smith, the law requires (and the automatic lien rights of the carrier require) that you reimburse the WC carrier for all the money they paid for your medicals and lost wages - - up to the amount you obtained from Ms. Smith's insurance company, minus the money you received for your General Damages (pain & suffering).

    I hope you understand all that.

    IAAL

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