GQ Corner

Q. We have a file where the claimant is deceased due to the fault of a third party.  She has settled the third party claim so we have a holiday from future benefits equal to 10.29 years.  Is it our responsibility to restart benefits when the holiday ends or does the beneficiary have to request benefits be restarted?  Is there any rule around this?

A. The statute provides that any settlement in excess of the subrogation lien is considered to be an advance against future benefits. It is the carrier’s responsibility to restart benefits once the advance has been exhausted. Therefore, once the advance is exhausted, then you must resume the death benefits to the beneficiaries unless you have a defense against such (i.e., remarriage, older than 18, etc.). It is up to the carrier to provide an explanation for not resuming benefits at the end of the period.

Q. Injured employee was on break and walking back into work from the parking lot and stepped on a rock and rolled his foot.  The City owns the parking lot, but maintained through a management agreement with the City.  Would this be compensable?

A. To the extent that the parking lot is under the control or custody of the employer (including maintenance or lease agreements) such injuries are compensable.