Prevent Double Dipping!

It's imperative workers' compensation settlement contracts or commission decisions clearly reflect credit to be taken from the final payment. In the Estate of Burns v. Consolidation Coal Co., 2015 IL App (5th) 140503 (June 30, 2015), the 5th District Appellate Court clarified how an employer is entitled to offset the amount of federal claim benefits paid at the same time state workers' compensation benefits were paid. To be very clear, it is NOT by verbal agreement between the parties. Be warned, this may not adequately protect an employer from still having to pay the full amount...