money than a 75% disability award split 25% due to the accidental injury and 50% due to pre-existing disability.] ● Payment cessation. The Fund payments cease when the Claimant dies. This applies to Permanent Partial Disability cases as well as Permanent Total Disability cases. VII. SETTLEMENTS WITH THE SUBSEQUENT INJURY FUND AND ITS BOARD In some respects, the Fund treats settlements in the same manner as an insurance company. The Fund attorney makes a recommendation to the Fund’s Board, which makes the ultimate decision regarding settlement. The Board will not make an offer of settlement without first receiving a specific demand and takes a reasonable settlement demand much more seriously than an outrageous one. Generally the Board will make a single, non-negotiable, offer. Settlements can be considered at any stage in a proceeding. As is the case with insurance company representatives, the Fund’s Board considers a multitude of factors that may affect liability or exposure. The Claimant’s age, comorbidities and the timeframe in which the Fund payments may start are all considered. The Fund attorney will offer the full amount authorized by the Board. The Fund’s Board views lump sum settlements differently than an insurance company because the Fund’s payments abate at the death of the Claimant and there is no right of survivorship. The Board always considers the Claimant's age and medical history, and there are cases when it makes more sense to make weekly payments than to offer a lump sum settlement. In addition, the Board reviews each award and determines whether to file an appeal in a claim. The attorney who appeared at the hearing will make a recommendation, as will the principal counsel. The Thomas and Compton defenses are frequently raised as reasons for an appeal.
i This is NOT gospel. This is a general overview. Please refer to one or more of the three outstanding published books for more detailed information and supporting case law.
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