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Guide to Virginia Workers’ Compensation Law

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XIII. Settlements A. Commission Approval No settlement agreement is final until the Commission agrees that it is in the best interests of the claimant and approves it through entry of an Order. Even then, it is possible for either party to withdraw consent from the settlement agreement within the appeal period. B. Medicare Federal law requires that we consider Medicare's interests in any settlement. In some cases, Medicare's approval of the settlement amount will be required. Approval is not required if: 1. The Claimant has no expectations whatsoever of becoming a Medicare beneficiary within 30 months from the date of entry of the settlement Order; and 2. The total settlement amount (including future medical expenses and disability/lost wages over the life or duration of the settlement agreement) is under $250,000.00. Approval is always required if: (1) the claimant is a present Medicare Beneficiary, whether because of age or disability, and (2) The settlement amount is $25,000.00 or greater. C. You will find a checklist of information needed to prepare settlement documents in the Reference Materials at the end of this document.

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