Block v. Exterior Remodelers, Inc., 031919 MNWC, WC18-6214

Case DateMarch 19, 2019
CourtMinnesota
GALEN T. BLOCK, Employee/Appellant,
v.
EXTERIOR REMODELERS, INC. and RTW GROUP, Employer-Insurer/Respondents.
No. WC18-6214
Minnesota Workers Compensation
Workers’ Compensation Court of Appeals
March 19, 2019
         VACATION OF AWARD. Payment made to an employee under a settlement agreement that is later vacated on the basis of an unanticipated medical condition is not a mistake of fact as contemplated by Minn. Stat. § 176.179, and the employer and insurer are entitled to a 100 percent credit for the settlement amount paid to the employee under the vacated settlement against the employee’s current claim for benefits.           Charles A. Bird, Bird, Jacobsen, & Stevens, PC, Rochester, Minnesota, for the Appellant.           Patrick W. Ostergren and Shannon A. Nelson, Law Office of Brian A. Meeker, Bloomington, Minnesota, for the Respondents.           Determined by: Patricia J. Mlun, Chief Judge, David A. Stofferahn, Judge, Sean M. Quinn, Judge           Compensation Judge: Kathleen Behounek          Affirmed.           OPINION           PATRICIA J. MILUN, Chief Judge.          In 2016, the employee petitioned to vacate a 1992 settlement he had entered into with his former employer. The 1992 settlement resolved the employee’s claims arising out of an admitted 1988 work injury in exchange for the sum of $40,000.00. This court vacated the settlement upon the employee’s showing of an unanticipated change in medical condition. Thereafter, the employee filed a claim petition seeking various benefits. The employer and insurer did not dispute the employee’s entitlement to benefits; however, they sought credit for the $40,000.00 paid to the employee under the vacated settlement. The issue of a credit was heard by a compensation judge, who found the employer and insurer to be entitled to a 100 percent credit for the $40,000.00 settlement amount against the benefits owed to the employee. We affirm.          BACKGROUND          In the fall of 1988, Galen Block, the employee, suffered an injury to his low back while working for Exterior Remodeling, Inc., the employer. He underwent a left L5-S1 hemilaminectomy. Thereafter, the parties entered into a partial settlement, resolving the employee’s claims for wage loss and permanent partial disability benefits. A few years later, the employee underwent another laminectomy. He was then under permanent work restrictions but was able to return to his former line of work.          The employee subsequently claimed further...

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