a C&R is being used to settle the indemnity claim for 100% PD. A lump sum plus 10 year guaranteed annuity. Advanced PD are being waived but it does not say it anywhere on the C&R. The section where it asked to initial for those issues released does leave blank medical. Is this enough?
This is probably enough, but I would make sure the judge hand-writes that future medical care is to be left open and provided by defendants on the Order Approving Compromise and Release. That way there won't be any uncertainty.
The typical C&R closes out your right to Future Medical Care. There is such thing as a partial C&R and the C&R document plus the Order Approving C&R should both indicate that your right to future medical care for [fill in the blank] is left open.
Why would you C&R a 100% case? If you don't have a very good answer to that question, you need to do some more homework or talk to an attorney.
Whenever I do a C&R with open med, I usually write open medical care in several spots on the C&R as well as on the order approving the C&R just so there is no misunderstanding. I also include the body parts and compensable consequences. If PD advances are being waived, probably a good idea to make sure that you indicate that the C&R value is "new money." If you are settling based on 100% PD, make sure the present day value of the lump sum and annuity is equivalent or more than the present day value of the 100% Pd which is temporary disability for life. If it isn't, then 100% Stip would be better than a C&R. Work comp attorneys provide a free consult, it would be a good idea to see one.
The C&R is a contract, the parties add the terms of the agreement. However, It is rather uncommon for the insurance company to agree to a C&R with future medical open. It is just not what an insurance company would want to do. As such, I am surprised that this is your situation. If what you are trying to say is that the insurance- defense attorney or adjuster left that space blank, this would probably not be enough if it was not the intention of the parties to leave future medical care open. If there was a mistake, a party to the contract( C&R) can attempt to rescind it on the grounds of mistake.
This can get very technical and contract law defenses may apply if it was not the intention of the parties to leave the medical open at the time of the execution of the agreement. If there is ambiguity, evidence would be admissible under the parol evidence rule to resolve the ambiguity.
Is there an addendum? most defense attorneys will include an addendum.
The standard C&R form was designed to close medical care, and therefore you want to be VERY clear that you are not closing medical care in the document. As has already been stated, you probably want it stated in multiple places, and you want to strike any boilerplate language that might suggest otherwise. Do you have an attorney? If so, he or she can probably make sure the documents are adequately drafted. If not, your best bet would be to consult a local work comp attorney, who can review the documents for you and best advise you how to proceed to make sure your rights are protected. Is there any reason why, you haven't gotten an attorney already? You can find an attorney through this site, by clicking the "Find a Lawyer" tab at the top of this page, and then searching for a workers compensation attorney in your city and state. Best of luck.
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