dojN001970.xml

dojN001970.xml

born-digital

email

yes

no

2002-01-18

Friday, January 18, 2002 9:08 AM
Comments on Interim Final rule

It is not clear to me how workman's compensation benefits and similar
benefits by self-insured firms will be treated. It seems to me that it
is one thing to offset (if you are going to offset these payments at
all) payments already received as of the date of the final award, but if
you are going to project future payments and offset them (even at a
discounted amount), it will seriously compromise (to the point in some
cases of defeating) the purpose of the award. As I understand it, the
purpose of the award is to make one lump-sum payment now which includes
all award items. The amount for lost salary is already discounted to
reflect that it will be received all at once now, rather than being paid
out over many years. Thus to deduct future workman's compensation
benefits (which may, in fact be subject to future revision) would mean
in the case of a younger deceased victim, that much of the award will be
reduced in anticipation of future benefits that will be paid out over
many decades. This cannot reflect Congressional intent in establishing
a system of immediate lump sum payments and would certainly defeat the
purpose of encouraging victims' families to select the award system
rather than bringing suit..

Individual Comment

2002-01-18