10.37b. Review and Modification of Lump Sum Settlements not Permitted.

• Court: Kansas

Kansas Workers Compensation Settlement Reporter 10.37b. Review and Modification of Lump Sum Settlements not Permitted SummariesChapter 1010.37b Review and Modification of Lump Sum Settlements not PermittedFebruary 1998. (Award) Claimant asserts the lump sum settlement agreement he entered into was based upon a mutual mistake of fact and asks the Appeals Board to set it aside. Both claimant and respondent believed that claimant had undergone surgery at L4-5 as recommended when in fact it was erroneously performed at L3-4. The Appeals Board notes that the mistake of fact in this instance was material as it relates to the nature and extent of claimant's disability. The Appeals Board, nevertheless, concludes that the settlement cannot be set aside based upon the language of K.S.A. 44-528. This statute specifically precludes review and...