MASSACHUSETTS SECOND INJURY FUND RECOVERIES

In Massachusetts there is a common misperception about the lack of opportunity to recover your assessments from the Second Injury Trust Fund. Contrary to this popular myth, Alternative Risk Concepts Inc. (ARC) routinely recovers several million dollars per year on behalf of our clients from the Massachusetts Second Injury Trust Fund. Under the most recent revision of the Massachusetts Workers’ Compensation Statute, section 37 portends to reimburse claims only where payments have been made for permanent and total disability (section 34A) benefits.

Recent case law, however, clarifies that a claimant does not have to be receiving 34A benefits to qualify for second injury fund reimbursement. If you lump sum settle a case beyond its temporary total exposure (section 34) of three years, the claim will qualify if any portion of the settlement is deemed redemption for future 34A exposure.

For dates of injury prior to 12/23/91, insurers are eligible for reimbursement on all types of indemnity benefits paid. There is no statute of limitations on claims before 12/23/91 and both open and closed claims should be reviewed.

As a primary focus of our workers’ compensation cost recovery programs, we routinely double or triple our clients’ recovery dollars in Massachusetts. One client realized a 1000% increase in 2003. Since the second injury fund claim process is legally driven and somewhat confusing, it lends itself well to outsourcing.

Paying For Performance Only

ARC works on a straight contingency fee or hourly basis in its pursuit of Massachusetts Second Injury Fund recoveries. Most clients prefer a contingency fee arrangement where ARC assumes all the risk and costs of pursuing a second injury fund claim. This approach keeps your claim-handling costs down while shifting the risk to ARC. We are only paid once our client receives a recovery. There is no risk to an insurer in undertaking a review of claims because there is no cost unless we are successful.

Second Set Of Eyes

More than 50% of the claims that ARC has successfully recovered from the Massachusetts Second Injury Fund involve a scenario where either defense counsel or the adjuster has deferred on second injury fund pursuit. Our single focus on Massachusetts Second Injury Fund recoveries, and experience with the Trust Fund allows us to streamline the process. Frequently, others abandon second injury fund claims when one element, such as employer knowledge, is missing. We take the time to aggressively research and investigate every avenue to develop the claim fully.

Single Focus

If you want to be the best in the business, you must make it your only business. ARC has a unit of attorneys and paralegals whose only mission is to pursue Massachusetts Second Injury Fund recoveries on a daily basis. Instead of considering your second injury fund recoveries as but one of several priorities, ARC believes that chasing these recoveries for our clients is our only priority.