In a decision dated October 1, 2008, an Administrative Judge at the Massachusetts Department of Industrial Accidents ordered the Workers’ Compensation Trust Fund to reimburse an IRG client a total of $778,732.77, which represents the full exposure of the Trust Fund under the Massachusetts statute. The Trust Fund was also ordered to pay ongoing medical reimbursement at the statutory 75%, plus interest at 10%, which is estimated to be $212,000.
The Trust Fund made an offer for settlement that IRG deemed inadequate and out of sync with the Fund’s exposure in the case. IRG instead recommended a trial of the case.
IRG, through its law firm IRLA, brought the employee back from California to testify at hearing. Although the evidence was strongly in favor of our client, the Fund still failed to make a reasonable offer of settlement. In the end, the Judge issued a well-crafted decision, finding all the elements of the statute satisfied. The appeal period for the Fund will run out on November 1, 2008.
This claim exemplifies IRG’s willingness to prosecute claims on behalf of our clients and maximize our client’s rights to reimbursement when Trust Funds are unwilling to offer fair value for their exposure.