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Settlements

The parties may come to settlement terms during any phase of the case.  The settlement terms can include a settlement with one or more of the following parties: insurer, self insured employer, SIF or UEF.  Settlements may include a settlement of the indemnity payments, settlement of past and or future medical treatment or may leave the future medical treatment open.  The Commission has started to reject settlement agreements that close medical treatment in certain cases.  In those cases where the settlement agreement is rejected, the parties must obtain an MSA (Medicare set aside) to protect the right of the claimant to have future medical treatment.  Claimants’ cannot settle their case without taking Medicare’s interest into account. In certain cases, the parties will need approval of Medicare to settle the case.  Medicare will not even review a settlement agreement unless the claimant is a recipient of Medicare and the amount of the settlement is over $25,000.00.  If the claimant is not on Medicare, Medicare will only review the settlement if the settlement amount is greater than $250,000.00 and the claimant is expected to be on Medicare within the next 30 months.