Cases
Workers' Compensation
Listed below is McConnaughhay, Coonrod, Pope, Weaver & Stern, P.A.'s workers' compensation case law database. The database dates back until 1971 and includes over 5500 workers' compensation court decisions.
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Brunswick Corporation v. Cummings
648 So.2d 787, 20 FLW D161
The construction of a washout settlement agreement is
generally a question of law, unless its terms are
susceptible to more than one construction, in which
case a factual issue is presented regarding the
intended effect of the settlement. The JCC in the
present case erred as a matter of law in determining
that the settlement agreement was susceptible to more
than one interpretation and that the agreement
precluded the claimant from seeking medical care. The
JCC's determination that the claimant did not
understand the settlement agreement, even if correct,
is not determinative of the issue, especially
considering the terms of the joint petition and
supporting affidavit and the fact that the claimant was
represented by an attorney at the time.