Blessing v. WCAB (Heintz)

In Blessing v. Workers' Compensation Appeal Board (Heintz), 737 A.2d 820 (Pa. Cmwlth. 1999), no valid compromise and release agreement existed where the injured worker signed the compromise and release agreement, but died of unrelated causes before his employer signed it and before the Section 449 hearing was held. In that case, Carol Blessing (Blessing) injured her right knee in the course and scope of her employment with her employer, Heintz. Blessing began receiving compensation pursuant to a NCP dated April 26, 1993. On February 7, 1997, Heintz filed a termination petition. Thereafter, the parties negotiated a settlement whereby Heintz would pay Blessing a lump sum of $ 35,000.00, without payment of medical expenses. On July 11, 1997, Blessing petitioned to obtain approval of the agreement. On October 20, 1997, a hearing was held at which counsel for Blessing informed the workers' compensation judge that Blessing had executed the agreement, but died of unrelated causes before Heintz could sign. Heintz withdrew its verbal approval of the proposed agreement and declined to submit the agreement to the workers' compensation judge for approval. Blessing's widow attempted to present evidence that Blessing knew what she was signing. The workers' compensation judge foreclosed the widow from creating a record and dismissed her petition. The Board affirmed. On appeal, this Court found that the proposed agreement and its submission to the workers' compensation judge failed to comport with the requirements of Section 449(b) of the Act, 77 P.S. 1000.5(b): The plain language of Section 449(b) of the Act clearly specifies the requirements of a valid compromise and release agreement: that the Employer or insurer are the only parties which may submit a compromise and release agreement to a WCJ for approval; and that such agreement must be signed by both parties. In the case at bar, a thorough review of the record reveals that Claimant, not Employer, submitted the compromise and release agreement to the WCJ for approval and that such agreement was admittedly signed only by Claimant, not Claimant and Employer.Blessing, 737 A.2d at 822.