Q: Settling for LEC. It was approved but "further ordered" ?
Further ordered to rearrange. Tells my disability percentage and says no LEC. Also "further ordered" commission retains jurisdiction to see if my physical condition changes they can alter.
Do I still get the LEC award aggreed too and can they take that award back at a later time if I get better?
A:
I would need to see the actual settlement agreement, but the language you cite from the ALJ approval is standard "boilerplate." The ICA always retains jurisdiction over a case, for future medical benefits and even in some limited circumstances for future disability payments. I expect your insurance carrier has a credit against future disability payments, so you would not get any money even if your case is reopened for another surgery or major medical care. I don't know how much you were paid, but if you did not have an attorney I suspect you did not get what you would have with legal counsel. I just settled a case for nearly double what my client was offered before he hired me . . .
You have 30 days from the date of the ALJ approval to change your mind if you do not sign what's called a waiver of your right to protest. You can reach me at jfriedman@cruzfirm.com tomorrow afternoon if you have questions, and I am not representing that I will be able to do anything for you.
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