GQ Corner

Q: I issued a lump sum payment to the claimant for IIBs. Shortly thereafter, I realized that I forgot to deduct the claimant’s attorney fees, and I have yet to issue a check to the attorney. Do I owe the attorney fees separately now that I have already issued payment to the claimant?

A: If there is still time, you can place a stop-payment on the check to the claimant, and re-issue new checks to the claimant and the attorney. If the claimant has already cashed/deposited the check, then you will have to pay the attorney their fees separately. You may be able to recoup the overpayment from the claimant, if there are future benefits owed.

Q: I am about to make the 364 week payment  to the subsequent injury fund for a fatality claim that has  no beneficiaries. How do I go about completing this process?

A: First you need to contact Blaise Gersten-Laur at the subsequent injury fund. His number is 512-804-4418. He will need a copy of the First Report of Injury, Wage Statement and a pay record of any benefits paid. After contacting Blaise, he will send you worksheet with all the info on where to send the check and who to make it out to as well as the tax ID number.

Q: I am currently paying death benefits to a widow who is 50 years old and the only eligible beneficiary. I would like to make a lump-sum payment and close the file. Can I do this?

A: No. The only situation where a lump-sum payment is permitted to be paid to a widow is in the case of remarriage. Rule 137.2 controls. In Rule 137.2(b) states that an eligible spouse who enters into a ceremonial or common law marriage is entitled to receive a lump-sum payment of 104 weeks of death benefits.