There are three ways to finish your case. The first way is done by stipulations and an award. The second is a compromise and release. The third is a findings and award and that is the judgment you get when you cannot agree and you go to court to have the judge determine your permanent disability.

COMPROMISE AND RELEASE

A compromise and release is a one time payment that absolves the insurance carrier from all further liability including medical care. In this type of settlement you are paid compensation for your permanent disability, future medical care and retraining voucher. If you are on medicare you need their approval of the amount paid for future medical care in the settlement. Medicare is what is called a secondary payer. So if any other entity is responsible for payment of the same medical care they will not pay for it. However if they agree to the amount set aside for future medical care at the time of settlement and you use that amount up then they will take over once it is exhausted. You have duties such as annual reporting to medicare and you have to keep the money in an interest bearing separate account.

STIPULATIONS AND REQUEST FOR AWARD

A stipulated award sets out an agreed to permanent disability rating and confimrs the body parts injured and the need for future medical care. For injuries prior to 2014 you are also entitled to a job retraining voucher from 4 to 10 thousand dollars depending on your permanent disability rating. This type of settlement allows you to reopen your claim to claim greater disability if your condition worsens within 5 years from the date of injury.

FINDINGS AND AWARD

The last way to resolve a case is by putting on your evidence and asking a judge to determine the permanent disability rating or to resolve which injured body parts are related to the injury and how badly you are injured. Under this method you also get a future medical award and voucher for retraining afterwards depending on the courts findings. This method is appropriate if there is a range of possible findings and the parties cannot agree to an amount.