I was at a work comp mandatory mediation. We came to an agreement. How many days before the compromise and release ?

I settled with my insurance company at the mandatory mediation for workers comp. How long before we make it official in front of the judge at the compromise and release hearing?

Pittsburgh, PA -

Attorney Answers (2)

Scott L Levine

Scott L Levine

Workers' Compensation Lawyer - Pittsburgh, PA
Answered

It depends on the whether you reached a settlement for the indemnity only or for both indemnity and medical. If medical expenses were included in the settlement there is an issue of whether there may be any future medical expenses. Depending on the estimated future costs, the matter may require review by Medicare for a Medicare set-aside. This procedure can take several months. If there is no MSA issue, counsel for the insurer will draft a C&R petition for your review and then the final hearing will be schedule in front of the Judge. You should have an attorney thoroughly review this matter before you sign anything relating to ending your claim.

Michael W. Cardamone

Michael W. Cardamone

Workers' Compensation Lawyer - Blue Bell, PA
Answered

It depends on how often the Judge sits and the availability of the attorneys on the days that the Judge hears cases. In most cases, you can get a hearing within 2 to 3 weeks. In some cases, there is already a pending hearing and that can be used for approval of the Compromise & Release. Another factor is how long it will take defense counsel to prepare the documents. The attorneys for the insurers usually draft them- then they send them to Claimant's attorney for review and proposed revisions. But overall, I'd say the average is about 2 to 3 weeks after the mediation occurs. If you do not have a Pennsylvania Work Comp Attorney, it is strongly recommended that you hire one to make sure you are getting the best possible deal given your circumstances. Most people make out much better with an attorney. Good luck with it.

Representing injured workers and the disabled across Pennsylvania, Michael W. Cardamone, Esquire is here to help. (... more

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