Smuk v. Wasche Interiors, 051099 MNWC,

• Case Date: May 10, 1999
• Court: Minnesota

JAMES SMUK, Employee, v. WASCHE INTERIORS and STATE FUND MUT. INS. CO., Employer-Insurer/Appellants. Minnesota Workers Compensation Workers' Compensation Court of Appeals May 10, 1999          HEADNOTES          SETTLEMENTS - INTERPRETATION. The parties' stipulation that the "parties expressly agree that the insurer shall have the right to select the qualified rehabilitation counselor . . . which may be necessary for the employee's rehabilitation plan" is interpreted to waive the employee's right to request a change of QRC after the insurer's initial QRC retired.          Reversed.           Determined by Hefte, J., Pederson, J., and Wilson, J.           Compensation Judge: Paul V. Rieke           OPINION           RICHARD C. HEFTE, Judge          The employer and insurer appeal the compensation judge's interpretation of a term of a stipulation for settlement which the employer and insurer allege gives the insurer the right to choose the employee's qualified rehabilitation consultant even after the insurer's initial choice retired. We reverse.          BACKGROUND          On November 17, 1995, James Smuk (employee) sustained multiple work-related injuries in a scaffolding accident while working as a commercial painter for Wasche Interiors, Inc. (employer), which was insured for workers' compensation liability by State Fund Mutual Insurance Company. The employer and insurer asserted that the employee was injured while engaged in a prohibited act. However, the parties settled the employee's workers' compensation claims by stipulation for settlement. An award on stipulation was served and filed on December 17, 1996. The employer and insurer agreed to accept primary liability for the employee's injuries and to pay a $20,000 lump sum to the employee, as well as temporary total disability benefits to which the employee was entitled from and after September 17, 1996, costs and disbursements, and medical expenses. The employee waived several claims and rights under the stipulation, including that the "parties expressly agree that the insurer shall have the right to select the qualified...