A Stipulation of Facts is a document drafted by your attorney and the attorney for the insurance company that resolves wither the entire dispute or resolves an issue within the dispute. Essentially, many Stipulations of Fact end up narrowing the issues in dispute in your Pennsylvania workers’ compensation claim.
Can a Stipulation of Facts resolve my workers’ compensation case?
Yes. A Stipulation of Facts can resolve your workers’ compensation litigation. When a petition is filed in your case, whether it be a Claim Petition, Review Petition, or a petition filed by the employer, you will likely be scheduled for an Independent Medical Examination (IME). In some cases, the IME doctor may actually agree with your doctor. The IME may agree and injury happened and it is related to the work injury. The IME may agree with the description of injury. They may agree you cannot return to full duty work.
In these situations, the insurance carrier may try and resolve the claim through a settlement. However, in some cases, especially significant injuries or when a surgery is proposed, it is not in your best interest to settle. In these scenarios, a Stipulation of Facts may be drafted to resolve the current litigation. It is absolutely critical you understand ALL the terms of the Stipulation of Facts.
Can a Stipulation of Facts resolve some issues within my case?
Yes. Often times, a workers’ compensation case may have several issues in dispute. A Stipulation of Facts can be entered into to resolve some, but not all, issues within your Pennsylvania workers’ compensation case.
One common example is description of injury. Most of the time when an insurance company accepts a claim, they accept a limited injury description, such as a ‘sprain/strain’ or a ‘contusion’. You maty attend an IME where the IME doctor may agree to an expanded injury description. However, the IME doctor may still provide an opinion that you can return to work, even though your doctor has you off work. A Stipulation of Facts may be entered into defining the injury description, but the dispute over whether you can work remains. Sometimes a Stipulation of Facts may be entered into that agrees to pay you wage loss benefits for a specific period of time, but not ongoing, although your doctor continues to keep you out of work. These are just a few examples of hwo a Stipulation of Facts may resolve some, but not all issues in dispute.
Should I review the Stipulation of Facts prior to signing it?
Yes, you should review the Stipulation of facts with an experienced workers’ compensation attorney. Why?
- Once it is signed it will be approved by a Pennsylvania Workers’ Compensation Judge
- It becomes an important controlling document in your case
- It resolves matters in dispute, so you should understand it
Key Takeaways
- Stipulations of Facts can resolve all of your Pennsylvania workers’ compensation litigation
- Stipulations of Facts can resolve some disputes, but not all disputes in your Pennsylvania workers’ compensation
- You should review the Stipulation of Facts with an experienced workers’ compesnation attoreney
- The Stipulation of facts will be approved by a Workers’ Compensation Judge and therefore become a controlling agreement in your case
Experienced workers’ compensation representation is essential to a successful outcome of your Pennsylvania workers’ compensation case. Mooney Law has proven, trusted, and experienced workers’ compensation litigation team. Pennsylvania Workers’ compensation is a complex area of law. Trust Mooney Law with your case. Mooney Law always offers absolutely free consultations for work injuries. Call us today at 717-200-HELP to schedule your free consultation. You can also drop us an email at info@mooney4law.com. Finally, you can visit us on the web and complete the schedule a consultation form.
