Quinlan as Personal Representative of the Estate of Jacobsen v. Ross Stores
31 FLW D1131
Parties entered into a settlement agreement contingent upon both parties approval of a Medicare Set Aside amount for future medical. The settlement was also expressly contingent upon resolution of any Medicare lien that may be determined to exist. Neither of these contingencies came to pass although the proposed settlement agreement contained a recommended figure for the Medicare Set Aside amount. The amount had not been approved by the Centers for Medicaid and Medicare Services.
Because of the fact that the expressed contingencies as set forth in the settlement agreement had not been satisfied, the JCC refused to enforce the settlement agreement. Competent substantial evidence in the record supported the judge’s finding that the parties intended finality of the settlement agreement to hinge on both approval of the Medicare Set Aside amount by CMMS and the actual resolution of any Medicare liens after the existence and amount thereof had been determined.