Petro Stopping Centers LP et al v. Gall
34 FLW D1943
Claimant and employer entered into a mediated settlement agreement whereby claimant settled her workers’ compensation claim. Thereafter, a civil cause of action was filed against the employer alleging an exception to the exclusive remedy provisions of the Workers’ Compensation Act. Court determined that by entering into the settlement agreement, the claimant/plaintiff made an election of remedies precluding a civil cause of action against employer. Such settlement constituted a conclusion on the merits of the claimant’s workers’ compensation claim and because of her active pursuit of such workers’ compensation claim, she had elected her remedies under the workers’ compensation statute and was thereafter precluded from seeking a civil cause of action against the employer.