Michael F. Easley, Governor Buck Lattimore, Chairman |
Bernadine S.
Ballance,
Commissioner Thomas J. Bolch, Commissioner Laura K. Mavretic, Commissioner Renée C. Riggsbee, Commissioner Christopher Scott, Commissioner Dianne C. Sellers, Commissioner |
North Carolina
Industrial Commission
MEMORANDUM
TO: All Interested Parties
FROM: Chairman Buck Lattimore
DATE: May 8, 2002
RE:
Rehabilitation
of Legion Insurance Company – Update
Rehabilitation
of Villanova Insurance Company - Update
Since our previous web posting, the Commission has received additional
new information regarding Legion and Villanova Insurance Companies (hereinafter
“Legion”).
Legion’s report indicates that these companies in Rehabilitation:
1.
Continue to pay temporary total, temporary partial, permanent total,
permanent partial and scheduled loss of use rating benefits.
2.
Expenses for medical treatment, prescription costs and mileage are also
being paid.
In general, Legion is paying these benefits in “undisputed workers’ compensation claims.” Payments are being deferred on “lump sum” awards at this time. However, if a lump sum award has been granted, or is granted in the future, Legion will pay the lump sum at the employee's weekly compensation rate.
Procedurally,
Legion is processing all “denied or disputed claims” referred to mediation
as follows. Legion will direct defense counsel to attend mediation in an attempt
to reach settlement. If such a settlement is reached, Legion will pay "on
forms" or per the compromise agreement in weekly payments. If back weekly
payments become due as a result of such compromise agreements, Legion will pay
such benefits to bring the employee to current status.
Finally,
although Legion is deferring payment of third party administrators' and other
vendors' fees (e.g. attorneys' fees) incurred, but not paid prior to April 1,
2002, Legion is paying these expenses for services provided after April 1, 2002.
Legion has requested that the Industrial Commission
grant a ninety (90) day stay effective from April 1, 2002 as to all denied or
disputed claims not resolved through the mediation process. Chief Deputy
Commissioner Gheen has issued an Order denying the requested stay at the Deputy
Commissioner level. A copy of that order is attached. Therefore, the Commission
will continue to process all claims in the normal course, including hearings
conducted by the Deputy Commissioner Section.
Please contact the Commission immediately should any claimant not receive benefits to which they are lawfully entitled or should benefits awarded be suspended or terminated for unexplained reasons. Reports, questions or concerns regarding Legion and Villanova claims should be directed to: Stephen T. Gheen, Chief Deputy Commissioner, 919-807-2540 or gheen@ind.commerce.state.nc.us. Due to the volume of inquiries, email communication is preferred, though not required. The Rehabilitator has established a direct email address for claim inquiries, rehabilitator@legionpa.mutrisk.com.
The Industrial Commission website (www.comp.state.nc.us) will be updated as needed with additional information.
Read Chairman Lattimore's November 4, 2002 Memo
Read Chief Deputy Commissioner Gheen's May 2, 2002 Order