It is dangerous to present an approval of a § 15 petition in court when the overall agreement includes a lump sum. Most often in these cases, the workers' compensation insurer is waiving a portion or all of its prior right to recovery for third party. A problem arises where the court approves a third-party petition and the DIA judge does not think the lump sum is in the best interests of the plaintiff/employee. Better practice is to do both simultaneously at the department.
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