Tuesday, February 03, 2009
Settlements New Rule 7-2
Effective February 1, 2009 all workers compensation settlements are to use a standardized document. This is set forth in Rule 7-2 noted here. This means that every settlement agreement will use the same language although there are differences depending on whether you are represented by an attorney or are representing yourself (called "pro se"). Also the Division has also provided a new Routing sheet which has to be provided as a cover sheet for the documents to be sent to a Judge for his or her signature and the issuance of an order. If you have an attorney he will take care of all this along with the insurance company and its attorney. If you do not have an attorney you will be provided all this by the insurance company and/or its attorney and you will need to have a Pre-Hearing Judge approve it but only after a proceeding is held where you are advised by the Judge. The standardized documents make it easier to speed the settlement process. In the past each insurer or insurer attorney had its own forms and some were more complicated then others. Now it is all uniform except for certain situations which are allowed for by the standard forms.