On appeal, defense overturns Workers’ Compensation Judge’s decision denying a termination petition.
The parties had entered into a compromise and release agreement regarding the claimant’s future benefits only. The judge found the employer had presented sufficient evidence for a termination of benefits and accepted the employer’s medical witness. However, the judge denied the termination petition on the basis that the compromise and release agreement settled all benefits. Our team had specifically reserved the right for a decision on the termination petition, and the compromise and release agreement specifically stated it only applied for future benefits. The Appeal Board agreed and overturned the judge’s decision. The Board’s decision will allow the employer to obtain a significant recovery from the Supersedeas Fund on past due benefits that were paid for over a year, including medical and indemnity benefits.