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Watch Your Language! The 2 Words that Cost a Disability Plan $91,000

They say a picture is worth 1,000 words. But sometimes words themselves—or the lack thereof—are worth a lot of money. Like $45,500 apiece. Here’s a case in point.
BACKGROUND
Employees receiving disability benefits through their employers may apply for workers’ compensation payments covering the same disability. Fair enough. But what happens if the claim is accepted and the employee starts getting workers’ comp payments?

Most employers want to be able to get this money back from the employee. So they include a provision letting the plan subtract any workers’ comp payments received against disability benefits due under the disability plan. Setting off payments is perfectly legal. But you better watch out how you draft the offset clause in the plan document. Specifically, make sure the right to offset includes workers’ comp payments not just for the original disability but for related ones.
THE QUESTION
Here’s a quiz to dramatize the point. It’s based on an actual case—2 of them in fac...

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