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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Munroe v. US Food Service

33 FLW D1664

Parties entered into a settlement agreement contingent upon employer/carrier approval. Prior to employer/carrier approval, the claimant decided not to settle. Thereafter, employer/carrier approved settlement and filed motion to enforce the settlement asserting that the agreement was enforceable since the contingency for settlement was not mutual but rather only based upon the approval of the employer/carrier.

Interpretation of settlement agreements is governed by contract law and whether an agreement constitutes a valid contract is a matter of law subject to de novo review. Conditioning a contract upon approval by one of the parties shows that a binding contract has not yet been formed. Section 440.25(3)(b), Florida Statutes (2006), provides in part that if both parties agree, the results of a mediation conference are binding and neither party has the right to appeal the results. The mediation report in this instance indicated that both parties had not agreed to the settlement. The employer/carrier attended the mediation without full authority to settle since settlement was effectuated pending actual acceptance of the offer by the employer/carrier. The claimant was permitted to revoke the offer before it was accepted.