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Mark A. Wagner and Steven E. Sullivan successfully defeat Petition to Vacate Stipulation for Settlement at WCCA
The employee filed a Petition to Vacate a prior settlement agreement based on an alleged substantial unanticipated change in medical condition.
The employee is a construction worker living in northern Minnesota. He sustained an admitted shoulder injury requiring surgery but he was able to return to work in his union Carpenter position, albeit with restrictions. The parties settled and closed all future wage loss claims but left future medical open. Later the employee injured his shoulder at home, significantly worsening his condition and casting doubt on whether he could ever return to carpentry work. He underwent additional surgery and requested the WCCA vacate the earlier settlement agreement based on this unanticipated substantial change in medical condition.
The employee had a number of "sympathy" factors in his favor. He was a young employee living in a depressed labor market with a shoulder condition which likely precluded a return to union carpentry work. Nevertheless, the WCCA agreed with arguments put forth on behalf of the employer and insurer in written briefs and during oral argument and found good cause did not exist to vacate the settlement agreement. Mr. Wagner and Mr. Sullivan emphasized information not provided by the employee in his Petition to Vacate which suggested there were significant questions about his shoulder and ability to work even before the settlement agreement. Under the factors identified by the WCCA in addressing Petitions to Vacate, the WCCA determined the employee had not established good cause to vacate the settlement agreement. The WCCA’s decision to not “re-open” this settlement precluded the employee from bringing a most-certain claim for permanent total disability benefits.
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