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The Industrial Commission of Ohio did not abuse its discretion in denying relators' request for a lump sum settlement based upon the commission's determination that the decedent's claim abated at the time of his death. Writ of mandamus denied.
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Gov. Bob Wise said workers' comp premiums paid by self-insured companies could double in two years if lawmakers don't approve his plan to swap a long-term tobacco settlement for one lump sum payment.
The governor said the move is a way to avoid an "immediate, potential crisis" that threatens workers' compensation if bankrupt Weirton Steel balks on its debt to the program.
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sfinn@wvgazette.com
Workers' Compensation Commission Director Greg Burton said he believes the Legislature will pass a bill to cash in future tobacco settlement payments for one lump sum.
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The basic scam goes like this: A new client calls or e-mails asking an attorney to act as intermediary in collecting a debt, obtaining a business loan or obtaining a lump sum alimony settlement.
Within days, sometimes before the attorney even sends a letter on the matter, a third party sends a check for the full amount requested. The client, in rush-rush mode, asks the attorney to wire the money to an overseas account, minus the attorney fees.
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Gov. Bob Wise is already mulling over calling a special legislative session on his proposal to cash out tobacco settlement payments, if the Legislature doesn't approve it before the session ends at midnight tonight.
The bill's failure tonight appears sealed, with the Senate refusing to consider it.
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Coloradans struggling to stay afloat in a tough economy are using debt management companies more and are spending more time under contract with those firms, according to a report by the Colorado attorney general's office.
Debt management companies fall into two categories: credit counseling and debt settlement. Credit counselors negotiate with creditors to waive or lower interest, fees and payments; consumers make monthly payments to the counselors that are distributed to creditors. Debt settlement companies contract with consumers to set up regular payments into a bank or trust account rather than directly paying creditors. After a certain amount of funds accumulate, the debt settlement company uses consumers' contributions to negotiate a lump-sum settlement of the debts.
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A lump sum received in settlement of an ERISA claim constitutes taxable income, the U.S. Tax Court has ruled affirming a $112,000 deficiency assessment.
In 2005, the taxpayer received a lump-sum payment of $334,000 to settle an ERISA lawsuit over the denial of long-term disability benefits.
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[John McCain], however, calls that number "just way out of sight," and says Congress would never appropriate the money. Instead, he has introduced a bill he calls "a starting point." To the plaintiffs' chagrin, it doesn't offer an exact dollar amount. Instead, it provides a negotiated lump-sum settlement and establishes a settlement fund. The U.S. Treasury Department would administer the settlements and pay claimants.
McCain defended his bill at an Indian Affairs Committee hearing on the legislation, saying it "reflects extensive listening to the parties in the litigation." In response to [Elouise Cobell]'s comment, for which she later apologized, he said, "It cannot credibly be compared to a massacre even in a figure of speech." McCain has told the plaintiffs to seize the chance ...