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.

To view the case summaries, select one of the general topics listed below.


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.