Cases

Court affirmed JCC’s order requiring enforcement of settlement agreement between the parties. Claimant asserted that the settlement agreement between the parties did not include a general release. However, court determined that the portion of the settlement (oral) agreed upon between the parties was enforceable and the contention by the claimant that the requirement to sign a general release was a mere counter-offer was not accepted by the court. The JCC is authorized to determine whether a valid binding settlement agreement was reached and, if so, to establish the terms. The existence of a settlement agreement is a fact question within the JCC’s discretion and such determinations are reviewed based on whether there is competent and substantial evidence that supports the judge’s determination. No general release as discussed in the oral settlement agreements and the terms of the release were not a part of the overall settlement agreed to between the parties.