Department of Corrections v. WCAB (McClellan)

In Department of Corrections v. Workers' Compensation Appeal Board (McClellan), 794 A.2d 977, 979 n.4 (Pa. Cmwlth. 2002), the Court held that a compromise and release agreement was binding on the employer even though the order approving the compromise and release agreement was not signed by the WCJ until after the claimant died. In so holding, this Court stressed the "unique facts" of the case by explaining that: the compromise and release agreement was properly executed and filed; the claimant indicated at the hearing that he fully understood the agreement; and the claimant had previously waived his right to appeal the decision of the WCJ in the event the agreement was approved. McClellan, 794 A.2d at 980. The WCJ, satisfied that the claimant understood the agreement and consented thereto, stated that he would approve the compromise and release agreement. "Unbeknownst to the WCJ, the claimant had passed away several hours after this hearing. Early the very next morning, as he promised, the WCJ signed and circulated a written decision and order approving the" compromise and release agreement. Id. Accordingly, the Court held that because of the "unique facts" and because "the parties here complied with both the procedural and substantive requirements of Section 449 of the Act, we cannot say that the WCJ and Board erred as a matter of law in approving the" compromise and release agreement. Id.