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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Barefoot v. Sears, Roebuck & Company
650 So.2d 1036, 20 FLW D370
Construction of a washout settlement agreement like any
other contract is a question of law. However, if the
terms of the agreement are susceptible to more than one
construction, then an issue of fact is presented. In
cases in which such a factual issue is presented, the
JCC must make the initial determination as to the
intended effect of the settlement. Settlement
agreement in this instance made reference only to one
date of accident and not to another. The question in
this case was whether the non-referenced date of
accident was deemed to have been settled in the
settlement agreement.
The joint petition settlement agreement provision to
the effect that the claimant settled all known claims
did not have the effect of settling an unmentioned date
of accident as a matter of law. The interpretation of
the settlement agreement presented a question of fact
because of discrepancies within the settlement
agreement itself as to whether all injuries other than
those mentioned in the joint petition settlement
agreement were contained in the settlement agreement.
Case remanded with instructions to obtain evidence from
the parties to determine the intended scope of the
settlement agreement and whether the date of accident
not mentioned in the settlement agreement had been
settled.