Need the good and bad to settling indemnity while leaving medical open indefinitely
I have been involved in a New York Workers’ Compensation case for many years, along with a personal injury case arising from the same accident. My personal injury case is finally coming to an end, and I’ve noticed that around the same time, I started receiving Section 32 settlement offers in my workers’ compensation case.
Throughout this process, I have never wanted to fully close my workers’ compensation case because I have significant permanent injuries and ongoing medical issues that I will need to address for the rest of my life. Because of that, I have declined previous settlement offers.
However, within the last week or so, the settlement discussions have changed. The earlier offers were to close both the indemnity (monetary) portion and the medical portion of my claim. The current offer is to close only the monetary portion while leaving medical benefits open.
My case is more than five years old, so I have a general understanding of how the workers’ compensation system works, but there are still aspects I don’t fully understand. My biggest concern is this: if I agree to close the monetary portion and leave medical benefits open, can the insurance carrier later try to close or limit my medical benefits after the monetary portion has already been settled?
I am under a lot of stress because I have an upcoming hearing where the carrier is seeking to reduce my temporary total disability rating from 100% to 75%, which would reduce my weekly benefits by 25%. At the same time, I have a necessary surgery that the carrier has been fighting for the past two months. Based on the medical evidence, I believe that surgery will eventually be approved, and after surgery I would likely return to a temporary total disability status during recovery.
My concern is not so much the short-term impact but the long-term consequences of settling the indemnity portion of my case. I would appreciate hearing from anyone who has experience with a Section 32 settlement that closes only the monetary benefits while leaving medical benefits open indefinitely. What are the advantages, disadvantages, and potential risks that I should be aware of?
I need to make a decision within the next few days before my next hearing. I have been told that if I sign the settlement agreement, the carrier will not pursue the reduction of my temporary total disability benefits while the settlement is awaiting approval by the Workers’ Compensation Board. I am trying to understand whether accepting a settlement that closes only the monetary portion of my claim is a wise long-term decision given my need for future medical treatment