Tag Archives: settlement

Death of Mississippi Worker Does Not Negate Settlement Agreement

In a split decision, a Mississippi appellate court reversed an order of the state’s Workers’ Compensation Commission that had granted an employer’s motion to reopen and vacate a prior order approving the settlement of a workers’ compensation claim where the … Continue reading

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What A Difference a Word Makes: Illinois Court Remands Case Because Settlement Agreement Ambiguous

Characterizing the language of a workers’ compensation settlement agreement that included a provision for a Medicare set-aside annuity (MSA) as “sloppy” and “imprecise” and quoting novelist Vladimir Nabokov’s advice to writers, “have the precision of a poet,” an Illinois appellate … 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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Employer Gets Lesson in Law of Negotiable Instruments–It Remains Liable When Claimant’s Settlement Check is Misdelivered and Forged

An employer, who mailed a $17,000 settlement check to the address erroneously designated by the claimant in a Compromise & Release Agreement (C&R) settling claimant’s workers’ compensation case, is still responsible for paying the agreed $17,000 to claimant where claimant … Continue reading

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