Skip to main content

Risco v Alexander

This May 15, 2012 1 DCA reverses Judge Terlizzese's JCC decision that the claimant had not settled his workers compensation claim.

While represented Claimant’s signed an “Exit Interview & Separation of Employment Agreement”. After signing the Release, the claimant filed a petition for benefits. The plain language of the release indicates it applied to Claimant’s employment relationship with the Employer, it was not necessary for the agreement to be submitted to the JCC for it to be a settlement of Claimant’s workers’ compensation case.

Pursuant to section 440.20(11)(c), a represented “claimant may waive all rights to any and all benefits under this chapter by entering into a settlement agreement releasing the [E/C] from liability for workers’ compensation benefits in exchange for a lump-sum payment to the claimant.”
Labels:

Comments

Post a Comment

Popular posts from this blog

CESPEDES V YELLOW TRANSPORTATION

This April 24, 2013 1DCA opinion affirmed in part and reversed in part Judge Portuallo's JCC decision. in this case, the claimant argued that the JCC erred by: (1) improperly shifting onto Claimant the burden to prove  the compensable injury was the major contributing cause (MCC) of his disability and need for surgery;  (2) finding  that the medical services at issue did not constitute “emergency care or services,” and that lack of notice to the  Employer/Carrier (E/C)  precluded authorization or payment; and  (3) finding  the opinion testimony from the emergency room physician, Dr. Acebal, is not admissible  pursuant to the “self-help” provisions contained in chapter 440.  The 1DCA reversed on the first two grounds raised and affirmed on the last. As background, the Claimant injured his lower back in 2006.  the Claimant declined surgical treatment, and ...
Post a Comment
Read more