Greetings, I typically receive a few referrals a month where the adjuster has settled the claim directly with the claimant without an attorney (pro se). There are a few steps to be aware of in handling these from the Q-Rules of WC Procedure:
- At a minimum, it will take several weeks for the settlement to be final, make sure to set their expectations.
- The JCC’s typically are not approving pro se settlements unless the claimant is at MMI and the impairment benefits have been paid (or are being paid), unless it is a total denial.
- Also, the JCC’s require a letter from the treating physician(s) regarding that the amount of the settlement is enough to cover future related medical costs.
- If the claimant owes any child support, that will be deducted from the settlement and sent to child support.
- And finally, before approving the settlement, the JCC requires a “washout “hearing with the claimant to make sure they understand the settlement and that it is in the claimant’s “best interests”.
- Up until the time the JCC approves the settlement, a claimant can back out and change their mind if they are not represented. A represented claimant cannot, and we can enforce those settlements.
Here is a link to the Q- Rules:
https://www.jcc.state.fl.us/JCC/rules/#60Q-6.123
- If you will be attending the WCCP Board Certification Forum in Orlando in April, please let me know so we can invite you to our firm events.
- Check the Events page of our firm website for upcoming FL, GA and TN webinars https://eraclides.com/events/
Sincerely,
Sincerely,
Morgan Indek | Managing Partner