Hamberger & Weiss LLP

WAMO Taking Over SFCC S32 Authorizations

Effective 7/25/16, Special Funds is no longer extending settlement authority under Sections 15(8)(d) or 14(6). All authority requests are now being handled by the Board's Waiver Agreement Management Office (WAMO). This means parties must follow WAMO's procedures for requesting settlement authority, including use of its checklist. In addition, parties must use the W-32-IM and W-32-I forms when drafting Section 32s where the Special Funds is a party of interest. Cases that already have Special Funds' authority for settlement need to be approved by the Board by 12/30/16, or they will need to be sent to WAMO for de novo review.

Special Funds has further advised that any new requests for settlement authority under Sections 15(8)(d) and 14(6) which are being handled by WAMO as of 7/25/16 are going to be treated as WAMO settlements. This means that WAMO will pay the settlement per its authority. Self-insured employers and carriers will not be paying the Section 32 settlement funds and requesting reimbursement from Special Funds; rather, WAMO will pay the claimant the settlement directly, except in those cases where the parties have agreed to a carrier or self-insured employer contribution.

The Board has stated that only the C-32 and W-32-I are required when settling an indemnity-only case involving WAMO. Parties do not need to use the C-32-I form as well.

Please do not hesitate to contact us if you need any assistance with a Section 32 settlement where Special Funds is a party-in-interest.

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