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TN/settlement agreement legally binding? - Printable Version

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TN/settlement agreement legally binding? - TN73108 - 02-24-2011

My husband lives, works, and was injured in TN in May of 2010. He was on restricted/light duty until September.

He has followed up as directed, and completed 2 FCEs. Both of which he has received the same rating, which is 2% to the body as a whole (lower back). The WC doc has given permanent restrictions. His employer will not allow him to return to work and have not granted a transfer/hire to a position within the perimeters of the restrictions.

He signed and returned a settlement agreement from the claims examiner, for the amount of approx. $14k in early November. We just received notice from their lawyer to go over the papers and meet with the judge to receive the check. When we get to the lawyer's office, the amount of the settlement had changed to $5,500. We didn't sign anything there.

Turns out the claims examiner calculated the amount wrong. Now, we have the settlement letter that he signed and she accepted. Every time we've spoken with her, we questioned the amount. Every single time she agreed it was the $14,000.

So, is the settlement agreement legally binding? Can they really get away with basically saying, "here's 5k, be happy about it"? Or do we get the agreed upon amount?



RE: TN/settlement agreement legally binding? - 1171 - 02-24-2011

if the content of the agreement was changed after the signing then the agreement is
invalid.
notify the carrier and both attys in writing that your husband objects to the changes being made after the fact and withdraws from the edited agreement.
In the future only sign with both parties present and with immediate submission of the original document.


RE: TN/settlement agreement legally binding? - TN73108 - 02-24-2011

I assume the content wasn't changed, only miscalculated on her part. He was never notified. The last we heard from the claims examiner was the 14k amount.

We do not have a lawyer. And the WC firm/claims examiner is in Florida; we are in Tennessee. We can't sign with all parties present.


RE: TN/settlement agreement legally binding? - 1171 - 02-24-2011

without seeing the document i assume the amount of the settlement was stated in the agreement.
if it was, then it is "content".
if they're doing business in Tennessee under Tennessee comp law then they use legal representation for any litigation. their local attys can sign for them. otherwise I wouldn't trust them.