In Mion v. Aftermarket Tool &c. Group, 990 F. Supp. 535 (W.D. Mich. 1997) the employee in Mion cashed the settlement check but refused to sign the accompanying release forms. Id. at 537. She then filed suit under the Act for damages. The court held that the employee's refusal to sign the release form did not prevent waiver. By accepting the Department of Labor- supervised payment, which was accompanied by the release form, the employee waived the right to litigate. Id. at 540-541. In Heavenridge v. Ace-Tex Corp., 1 WH Cases 2d (BNA) 1367, (E.D. Mich. September 3, 1993) Heavenridge cashed a settlement check but failed to sign an acknowledgment of receipt of payment, which provided that acceptance of the check meant he was giving up any right to bring suit under 16 (b) of the Act. Id. The Heavenridge court acknowledged that the Walton court had held that "the mere cashing of a check does not constitute an 'agreement' to settle and thus waiver." Id.