Tag Archives: compromise

Recent Kansas AMA Guides Decision: Would the Court Prefer a Fault-Based System?

Jettisoning the Bath Water—Does the Baby Remain? As someone who has, for the past 32 years, earned the bulk of his living reading—I’ll admit, often only skimming—some 2,500 appellate decisions each year in our field of workers’ compensation law, and … Continue reading

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California: Use of Preprinted C & R Form Does Not Waive Claims Outside Workers’ Comp Context

A California appellate court found a state trial court committed error when it granted summary judgment to an employer in an employment discrimination case filed by a former employee based on its finding that the former employee had released the … Continue reading

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Compromise and Settlement: May An Employer Include a Penalty Clause to Ward Off Further Vexatious Claims?

Each year I read–or at least scan–more than 1,500 workers’ compensation cases that make the appellate reporter system around the nation. As large as that number sounds, it’s really fewer than five per day. And yet, as we all know, … Continue reading

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Pennsylvania: Claimant Who Settles Claim and Then Receives Large Doctor’s Bill May Not Rescind Compromise and Release Agreement Based on Mistake

A claimant’s receipt of a doctor’s bill showing an unpaid balance due of $37,674, after he and the employer had signed a Compromise and Release agreement settling the claimant’s workers’ compensation claim for a lump sum payment of $ 9,900, … Continue reading

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