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can a lawyer sue the w/c ins carrier? Pennsylvania

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  • can a lawyer sue the w/c ins carrier? Pennsylvania

    this wc case is sooooo screwed up. wondering if anyone can give me some more help.
    Last edited by rear-ended; 08-05-2010, 09:58 PM.

  • #2
    I have no clue what you're talking about. Can you start at the beginning? It sounds like I walked in on the middle of a conversation.
    I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

    Comment


    • #3
      You did, Alice. You might want to review the posting history. Rear-ended has been talking to us about her claims for a long time.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        lol, well if i start at the beginning, i would have to type all nite.

        settled a personal injury case involving work comp, 100K work comp got approx 30k, lawyer got 34K with fees and i got the rest. subrogation rights to work comp carrier, says they were entitled to get back what they paid out, they did, but they wanted all of it. lawyer says no, they agreed to 30k and that is all they should of recieved. that is the very very very short version. and now, i have to pay 66% of doctor bills. which lawyer says i do not. lawyer also says he thinks whoever signed agreement wasn't payin attention at the time, and now they are refusing to hold up to their end of agreement.

        does this help?????

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        • #5
          Even though this is a long active topic/thread, all of the facts cannot be know here, nor should they be divulged on a message board.

          You really, really need to settle in with one of the attorneys giving you advice... when you settle a claim, right/wrong/indifferent, then go around getting post settlement ''advice'' from other attys... you really serve to confuse things.

          It sounds like the atty org handling your claim is probably correct, he has the documents, and knows the terms of the agreement. There are subrogation rights...to the extent of benefits paid by the ER/IC... but not beyond that. There are rights to credit/cash payment/however it is negotiated for FMC/Future Medical Care as the WC claim benefits continue post 3rd party settlement.

          Whether the AA/applicant atty has to return to WC court to enforce the settlement, or sue in civil court would need to be determined per PA law.
          The WC carrier can't ''double dip'' any more than a IW can. IF they agreed and took the cash payment for FMC, they are responsible for 100% of any FMC you require. Again, only the atty has the settlement documents.

          Yes, you do have a complicated case, both WC and 3rd party.
          If there is conflict of interest by a partner of the firm, they too have malpractice insurance coverage... IMHO... I think I'd be paying the atty who brought this to your attention another visit, at the least for further explanation.

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          • #6
            All comp claims are settled based on the particular merits/facts on the claim. There is no 'general' settlement info.

            As I said, you have a complicated case due to the MVA/3rd party action. That means the ER/IC is entitled to subrogation rights...they are entitled to reimbursed for any benefits they have paid, and credit for any FMC award you may receive in the 3rd party settlement, up to the entire amount of your recovery. Which means, even the PPD/indemnity you are due based on the PPD rating you would have to pay back to the WC carrier. That may come from your 'pain and suffering, punitive damages' settlement. Once the atty fees are taken out, there may not be any money/cash left for you, but only access to the WC medical coverage. All depends on the numbers and how the money is finally determined and settled out.

            Only the attys reviewing your files should be providing answers to your questions... those responding on any message board won't second guess what an atty representing you may have in mind. Listen to those actually reviewing your file. They are there to protect your interests, as well as their own. CYA works both ways.

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            • #7
              peterjaakson...This thread is 9 months old and the poster has not been back on this issue. Please do not respond to dead threads.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                Peter was a spammer and will not be back.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                Comment

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