Lebid v. Workers' Compensation Appeal Board
Lebid v. Workers' Compensation Appeal Board
Opinion of the Court
Linda Lebid (Deceased) by John R. Le-bid
The parties have stipulated that, on March 4, 1986, the employee sustained a work-related injury to her low back in the course of her employment as a recreational therapist at the Pocopson Home, a retirement home operated by the County of Chester (Employer). (Stipulation of Facts, Nos. 1-2.)
The employee’s husband, utilizing a Durable Power of Attorney executed by the employee, negotiated a compromise and release of future indemnity and medical benefits in exchange for a lump sum payment of $135,000. (Stipulation of Facts, No. 3.) The verbal agreement was reached with Employer on March 13,1998. (Stipulation of Facts, No. 5.) On April 9, 1998, the employee filed the Petition with the WCJ, and a hearing was scheduled for July 23, 1998. (Stipulation of Facts, No. 3.) However, on May 15, 1998, prior to the scheduled hearing and prior to execution of any settlement documents, the employee died from a pulmonary fibrosis condition. (Stipulation of Facts, Nos. 4-5.)
The employee’s husband appeared at the scheduled hearing on behalf of the employee’s estate and asked the WCJ to grant the Petition and approve the March 13, 1998 verbal agreement. Employer argued that, because of the employee’s death, the matter was moot. (Stipulation of Facts, No. 5.) After the hearing, Claimant submitted a completed form LIBC 755, Compromise and Release Agreement by Stipulation Pursuant to Section 449 of the Workers’ Compensation Act (Act).
After considering the matter, the WCJ denied and dismissed the Petition because the statutory requirements for a compromise and release agreement were not met. Claimant appealed to the WCAB, which affirmed the WCJ’s decision. Claimant now appeals to this court, arguing that the WCJ, affirmed by the WCAB, erred in denying and dismissing the Petition. We disagree.
Section 449 of the Act, 77 P.S. § 1000.5 (emphasis added), provides, in pertinent part, as follows:
*81 (a) Nothing in this act shall impair the right of the parties interested to compromise and release, subject to the provisions herein contained, any and all liability which is claimed to exist under this act on account of injury or death.
(b) Upon or after filing a petition, the employer or insurer may submit the proposed compromise and release by stipulation signed by both parties to the [WCJ] for approval. The [WCJ] shall consider the petition and the proposed agreement in open hearing and shall render a decision. The [WCJ] shall not approve any compromise and release agreement unless he first determines that the claimant understands the full legal significance of the agreement....
(c) Every compromise and release by stipulation shall be in uniting and duly executed, and the signature of the employe, widow or widower or dependent shall be attested by two witnesses or acknowledged before a notary public....
First, the statute clearly states that the right of parties to enter into a compromise and release agreement is subject to the provisions in section 449 of the Act.
Accordingly, we affirm.
ORDER
AND NOW, this 23rd day of March, 2001, the order of the Workers’ Compensation Appeal Board, dated August 23, 2000, is hereby affirmed.
. In this opinion, we shall refer to Linda Lebid (Deceased) as “the employee” and to John R. Lebid as "Claimant.”
. The WCJ adopted the parties’ stipulation of facts as findings of fact. (WCJ's Findings of Fact, No. 1.)
. Act of June 2, 1915, P.L. 736, added by section'22 of the Act of June 24, 1996, P.L. 350, as amended, 77 P.S. § 1000.5.
.Our scope of review is limited to determining whether constitutional rights were violated, whether an error of law was committed or whether the necessary findings of fact are supported by substantial evidence. Section 704 of the Administrative Agency Law, 2 Pa. C.S. § 704.
. We note that the provisions of section 449 of the Act must be strictly construed. Rissmiller v. Workers’ Compensation Appeal Board (Warminster Township), 768 A.2d 1212 (Pa. Cmwlth. 2001).
Dissenting Opinion
dissenting.
I respectfully dissent from the majority’s conclusion that Section 449 of the Workers’ Compensation Act
I cannot agree that Section 449 is intended to allow an employer to simply change its mind and refuse to honor an agreement which it has admitted to having entered in a written stipulation. Compare
Furthermore, I strongly disagree with the majority’s assertion that a claimant may not submit a compromise and release agreement to a WCJ for approval. Section 449(b) specifically allows employers and insurers to submit the agreement to the WCJ, but it does not contain language prohibiting claimants from doing so. I can fathom no reason why the legislature could have intended to prohibit a claimant from providing the WCJ with a stipulation which both parties have signed.
. Act of June 2, 1915, P.L. 736, as amended, added by Section 22 of the Act of June 24, 1996, P.L. 350, 77 P.S. § 1000.5.
. The Court’s decision in Blessing v. Workers’ Compensation Appeal Board (Heintz Corp.), 737 A.2d 820 (Pa.Cmwlth. 1999), appeal denied, 561 Pa. 701, 751 A.2d 193 (2000), is distinguishable. In Blessing the employer refused to sign or submit a written compromise and release agreement to the WCJ and maintained that no actual agreement had been reached between the parties.
Reference
- Full Case Name
- Linda LEBID (Deceased) by John R. LEBID, Petitioner, v. WORKERS’ COMPENSATION APPEAL BOARD (County of Chester), Respondent
- Cited By
- 5 cases
- Status
- Published