Commonwealth Court Holds that Compromise & Release Agreements Stress Finality in Fatal Claims
The Commonwealth Court in Ingram, et. al. v. WCAB (Ford Electronics & Refrigeration), ___A.2d ___ (Pa. Cmwlth., No. 491 C.D. 2007, filed on December 12, 2007) held that an approved compromise and release agreement extinguishes a dependent claimant's right to pursue a fatal claim where the decedent claimant eventually died from the occupational disease.
In Ingram the decedent was granted workers' compensation benefits in 1989 and again in 1995 for carpal tunnel syndrome. Four months after the decedent's last day of work in 1995, a claim petition was filed by the decedent for an asbestos-related occupational disease. In March of 1998, the workers' compensation judge circulated a decision approving a compromise and release agreementthat resolved liability of the employer for the accepted carpal tunnel injuries. The agreement also resolved liability for the occupational disease claim.
More than 300 weeks after the decedent's last day of work, the decedent died from lung cancer. Decedent's grandson filed a fatal claim petition to collect benefits. The Court held that an approved compromise and release agreement extinguishes a dependant claimant's right to pursue a fatal claim where the decedent claimant eventually died from the occupational disease. The Court explained its reasoning by noting that the legislature intended the compromise and release agreements to be on equal footing with civil settlements, which stress finality of the case.
