Lebid v. WCAB (County of Chester)

In Lebid v. Workers' Compensation Appeal Board (County of Chester), 771 A.2d 79 (Pa. Cmwlth. 2001), Linda Lebid (Lebid) injured her low back while working as a recreational therapist for a retirement home. She and her employer eventually negotiated a compromise and release. However, Lebid died of a heart condition prior to the scheduled hearing before the workers' compensation judge. At the hearing, her widower submitted the completed agreement by stipulation. It was neither executed by the parties nor witnessed as required by the Section 449 of the Act, 77 P.S. 1000.5. After considering the matter, the workers' compensation judge dismissed the petition because the statutory requirements had not been met. Lebid's widower appealed to the Board, which affirmed the workers' compensation judge. Because the right of parties to enter into a compromise and release agreement is subject to the provisions in Section 449 of the Act this Court affirmed and noted that it would have been error for the workers' compensation judge to approve an agreement that was not in writing, not executed, and not submitted by the employer.