Cases

At private mediation, the claimant, represented by counsel, and the employer/carrier representative signed a settlement agreement which was subsequently approved by the JCC.  Thereafter, the claimant filed a Motion to Vacate or Set Aside the settlement agreement on the grounds that he had an unknown injury that was not within the contemplation of the parties when the case was settled.  Court determined that settlement should not be set aside.  A settlement of a claim may not be set aside based on a mistake of fact when the claimant's known injury proves to be more serious than was anticipated by the parties at the time the settlement was executed.  Cases settled at mediation are especially unsuited for the liberal application of a rule allowing for the recision of a settlement agreement based on a unilateral mistake.