Drafting Enforceable Agreements
Another win! The Department denied compensability of a claim in which an individual initially filed a WC claim for a back injury on 10/16/2014, which the parties settled on 08/31/2018. She then filed another claim for injury to multiple body parts including the neck and carpal tunnel syndrome among others on 06/27/2017.
We argued, and the Department agreed, that her problems began in 2015 not 2017. The 08/31/2018 settlement agreement provided for a "waiver of the right to reopening and future workers' compensation benefits" and "claimant represents that claimant has not sustained any work injury while claimant worked for employer for which a claim has not already been filed." The settlement agreement documented her agreement that she sustained no other injuries, as a result of the 10/16/2014 work injury and waived her right to future medical care.
This case highlights the importance of hiring an experienced attorney to draft enforceable settlement agreements and ensure clients' rights are protected.
If you find you are in need of experienced WC defense counsel, we invite you to call the Law Office of Nathalie S. Pettit, Esq. at (808) 930-5550. www.heartofdefense.com