Yes, for those of you paying attention (thank you), I did make an egregious misstatement in today’s post discussing the Pittman case.
The paragraph beginning, “So it’s a straightforward interpretation …” should go on to read, “… of an important provision that can cost an injured worker his entitlement. Use the GROSS amount of the third party settlement to compare to the worker’s compensation entitlement under section 33(g)(1) to determine whether the employer’s and carrier’s prior written approval is required.”
The original version said “NET” instead of “GROSS”.
I attribute this error to the fact that I think that this issue was wrongly decided, and may well ultimately be reversed.
Just to make sure that everyone is confused I’m going to go back to try to correct the original version at the blog site.
John A. (Jack) Martone served for 27 years in the U.S. Department of Labor, Office of Workers’ Compensation Programs, as the Chief, Branch of Insurance, Financial Management, and Assessments and Acting Director, Division of Longshore and Harbor Workers’ Compensation. Jack joined The American Equity Underwriters, Inc. (AEU) in 2006, where he serves as Senior Vice President, AEU Advisory Services and is the moderator of the AEU Longshore Blog.