Cases

Deceased claimant and employer/carrier agreed to settle claimant’s workers’ compensation case and claimant agreed to execute a general release and voluntary resignation. The settlement was to be effective and binding upon entry of an order by the JCC approving a motion for attorney’s fees. Prior to claimant executing general release and voluntary resignation, he died. Claimant’s estate sought to enforce settlement terms.

 

Employer/carrier asserted that a condition precedent or subsequent had not been met to effectuate a binding settlement since the claimant, prior to his death, had not signed the general release and voluntary resignation. Court rejected this argument and enforced settlement agreement. In interpreting the settlement agreement, the court rejected employer/carrier’s position since the settlement agreement made no reference to the settlement being conditioned on the execution of a general release and voluntary resignation. The only condition to the effectiveness of the settlement was that an order be entered approving the motion for attorney’s fees. That order had been entered by the JCC and accordingly, the settlement agreement was fully enforceable. The personal representative’s signing of the general release and voluntary resignation were deemed effective following the death of the claimant.