Cases

JCC erred in determining that she did not have jurisdiction to construe the parties’ settlement agreement for purposes of ruling on the claimant’s attorney’s Motion for Attorney’s Fees. A dispute arose between the parties in construing a settlement agreement as to whether certain medical bills should be paid pursuant to a Medicare Set Aside Trust that was a part of the settlement agreement. Nothing in the settlement agreement precluded the Judge of Compensation Claims from determining whether its terms required the employer/carrier to pay amounts that Medicare sought from the claimant and thus whether the employer/carrier failed to abide by the settlement agreement. Because of this error, case remanded to JCC to determine the validity of the claimant’s Motion for Attorney’s Fees.