Current through Register Vol. 48, No. 5, May 24, 2024
Section 67-803 - Settlement by Agreement and Final ReleaseA. If the parties agree to the terms of a settlement by entering into an Agreement and Final Release, the document shall include the following: (1) The caption of the claim;(2) A statement of the facts at issue;(3) The date and nature of the alleged injury coinciding with the date and nature of each injury on the Form 12A, Form 50, or Form 52;(4) The amount of the settlement and terms of payment; and(5) The signature of the claimant, his or her attorney, if any, and the attorney for the employer's representative.B. An Agreement and Final Release shall be approved as follows:(1) If the claimant is not represented by an attorney, the Agreement and Final Release must be approved at an informal conference. (a) The employer's representative must request an informal conference by filing an updated Form 18 showing status of payment of temporary compensation, if any, and medical expenses with the Commission's Judicial Department. For claims arising after July 1, 2007 a Form 14B is also required. The claimant may request an informal conference by writing to the Judicial Department.(b) The attorney for the employer's representative and the claimant attend the informal conference. If the parties reach an agreement at the informal conference that the Commissioner approves, the Agreement and Final Release is signed by the claimant, the attorney for the employer's representative, and the Commissioner.(c) The attorney for the employer's representative must provide the original and two copies of the Agreement and Final Release to the Commissioner at the informal conference. The Commission returns an official copy to the attorney for the employer's representative, and the attorney for the employer's representative shall provide the claimant a copy of the official Agreement and Final Release.(d) If the Commissioner does not approve the Agreement and Final Release, the Agreement and Final Release is neither approved nor binding. The Commission will set the claim for hearing according to R.67-804I.(2) If the claimant is represented by an attorney, the claimant, his or her attorney, and the attorney for the employer's representative sign the Agreement and Final Release. The Agreement and Final Release shall be filed with the Claims Department. (a) The attorney for the employer's representative files the original and two copies of the proposed Agreement and Final Release with the Claims Department.(b) An official copy of the Agreement and Final Release is returned to the attorney for the employer's representative.(c) The employer's representative shall provide the claimant an official copy of the Agreement.C. The Commission shall not approve an Agreement and Final Release that is not fairly made and in accordance with the Act. An approved Agreement and Final Release is binding. The employer's representative shall pay compensation according to its terms.Amended by State Register Volume 20, Issue No. 5, eff May 24, 1996; State Register Volume 24, Issue No. 4, eff April 28, 2000; State Register Volume 30, Issue No. 5, eff May 26, 2006; State Register Volume 34, Issue No. 2, eff February 26, 2010.