Cases

While represented by counsel, claimant entered into a separation agreement with the employer.  After signing the separation agreement, he filed a Petition for Benefits claiming an  accident on the job.  Employer alleged that the separation agreement constituted a settlement of his workers' compensation claim and since he was represented at the time, it was not necessary for a judge to approve the settlement.  Appellate review of case de novo since it involved the construction of a written instrument.

Because of the fact that the claimant was represented by an attorney at the time he completed the separation agreement ending his employment with the employer, the JCC did not need to approve the settlement if in fact it was a settlement of any workers' compensation claim.  In this case, the court determined that the separation agreement was broad enough to include a possible workers' compensation claim.  The plain language of the separation agreement included a workers' compensation claim and since the agreement did not require submission to the JCC for approval, court determined that all workers' compensation claims had been released.  JCC erred in finding that the claimant had not settled his workers' compensation claim when he entered into the separation agreement.  Dissenting opinion.