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Kensington Finance Corp

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Hi ***In regards to the complaint referenced above, please note that I strongly disagree with assertions made in the complaint. I have communicated with this individual (who I will hereinafter refer to as “the client” for confidentiality purposes) a number of times this
month. Based on my conversations I'm surprised that the complaint is still being processed. The client has a complex case and has been seen by a number of evaluators. The earlier evaluation reports were superseded when there were subsequent agreements to utilize agreed medical evaluators. A tremendous amount of time and effort has been expended to get the client various disability benefits which have already been paid to him. The client would like to have the insurance carrier buy out his right to future medical care as part of an overall settlement and we have been trying to pursue such an arrangement for well over a year now However, an agreement to buy out future medical can only be obtained by agreement of both parties Unfortunately, the insurance carrier in his case has not provided a responsive offer to my written settlement demand, despite repeated attempts by my office to obtain a response. Rather, the workers compensation carrier has repeatedly indicated an offer will be forthcoming, and the claims person for the workers compensation insurance carrier also represented that certain actions would be taken to informally move the settlement process forward. As this has not occurred, I can understand why the client is frustrated, as I am frustrated also. However, it is not my office who is delaying the settlement process. Unfortunately there is no a legal way of compelling the workers compensation insurance carrier to buy out a person’s future medical rights, and if we cannot negotiate an informal buy-out of the future medical care, the client’s case will be resolved by an Award of remaining permanent disability benefits, with a provision that he has future medical benefits. As to the allegation that he has been passed around to various legal assistants, this a misstatement of what has occurred. On 1/29/2014, the client requested that another legal assistant handle the matter as was upset about his communications with the existing legal assistantThis new assistant who took over in January is still handling the file, and the previous assistant had been handling his file since September 2012, so his file has not been “passed around.” I've tried to be as diplomatic as possible in addressing the specious and inflammatory allegations made by the client. I understand that due to abrupt changes in his medical treatment (which is outside of my office’s control) the client can become very volatile and I giving him the benefit of the doubt as to why he contacted your office. I hope this response answers any questions or concerns you have regarding this matter.Sincerely,*** ***
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