What’s Hot In Workers’ Comp - News and Results*
NEWS
We are pleased to announce that Erykah L. Jackson has joined our Florida workers’ compensation team! Learn more about Erykah here.
RESULTS*
Heather Byrer Carbone (Jacksonville, FL) successfully argued that a settlement agreement, based upon a binding and enforceable agreement reached via email between the parties, is enforced. The claimant had given her attorney authority to settle on October 4, 2023, and subsequently changed her mind. Based upon case law, there was unequivocal authority to settle and it was too late for the claimant to negate the agreement previously reached. The judge of compensation claims agreed with Heather and upheld the settlement.
Linda Farrell (Jacksonville, FL) successfully defended a petition at a final hearing on behalf of a road sign contractor and their carrier against a former employee who claimed a work injury. Linda presented four live witnesses before the judge of compensation claims to prove that no accident had been reported by the claimant. The judge found the claimant’s argument, that his employer should have known because he claimed the supervisor was present, was not sufficient and denied the entire claim.
Linda Farrell (Jacksonville, FL) filed a motion to enforce a settlement agreement reached by the parties at mediation, which the judge of compensation claims granted. Despite attending mediation, reaching an agreement and having a mediation report drafted, the claimant did not sign the agreement. He then terminated the services of his attorney and retained new counsel. At the hearing held before the judge, Linda called the claimant’s former attorney as a witness and also conducted a direct examination of the claimant. Ultimately, the judge found that the claimant had agreed to settle and changed his mind later. Therefore, the settlement agreement was enforced.
John Swartz (Harrisburg, PA) Successfully defended a Review Petition to add right torn rotator cuff and proposed surgery for condition. Judge also granted Defendant’s Termination Petition based upon the strong medical evidence presented by John.
*Prior Results Do Not Guarantee a Similar Outcome
What’s Hot in Workers’ Comp, Vol. 28, No. 2, February 2024, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2024 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.