McConnaughhay, Coonrod, Pope, Weaver, Stern & Thomas, P.A.

Smith v. Rose Auto Stores

596 So.2d 809, 17 Fla. L. Week. D959, Fla.App. 1 Dist., Apr 13, 1992

Employer/carrier and claimant entered into settlement and joint petition was submitted to judge for his approval. Prior to judge's approval of JP, claimant died. Thereafter, order entered by judge approving settlement. Court affirmed judge's setting aside of order approving settlement. Claimant's death prior to judge's approval of settlement agreement was a material fact unknown to the judge at time of agreement and essential to the judge's consideration of the agreement. Since judge did not know of claimant's death, it was proper to set aside the settlement agreement.A settlement agreement is not final and enforceable until it is approved by the Judge of Compensation Claims. The responsibility of the judge in considering a settlement agreement is not to perform a perfunctory mechanical act. Rather, Section 440.20(12), Florida Statutes, requires the judge to perform several acts prior to approving a lump sum settlement agreement, including reviewing the Division file, determining whether a lump sum payment in exchange for the employer and carrier's release from liability is in the best interest of the claimant and determining whether the amount of the settlement is proper under the statute. Where the parties stipulate that the proposed final settlement of liability for the employer for compensation shall not be subject to modification or review under Section 440.28, the judge is directed to make or caused to make such investigation as he considers necessary to determine whether such final disposition will definitely aid the rehabilitation of the injured worker or otherwise is clearly for the best interest of the person entitled to compensation.

Cases

Workers' Compensation

Smith v. Rose Auto Stores