From Casetext: Smarter Legal Research

Conley v. Nielson Construction

Court of Appeals of Virginia
Mar 7, 1995
Record No. 1470-94-3 (Va. Ct. App. Mar. 7, 1995)

Opinion

Record No. 1470-94-3

Decided: March 7, 1995

FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION

(Roy V. Wolfe, III; Julias, Blatt Wolfe, on brief), for appellant.

(Cecil H. Creasey, Jr.; Jennifer G. Marwitz; Sands, Anderson, Marks Miller, on brief), for appellees.

Present: Judges Barrow, Koontz and Bray


MEMORANDUM OPINION

Pursuant to Code Sec. 17-116.010 this opinion is not designated for publication.


Violet L. Conley, the widow and executrix of the estate of deceased claimant, Harold Verlin Conley, contends that the Workers' Compensation Commission erred in ruling that (1) a compromise settlement that was not submitted to the commission before the claimant's death was unenforceable, and (2) the employer properly withdrew consent to the proposed settlement. Upon reviewing the record and the briefs of the parties, we conclude that this appeal is without merit. Accordingly, we affirm the commission's decision. Rule 5A:27.

Harold Conley sustained a compensable injury on January 3, 1989, for which the employer paid benefits from May 11, 1991 until May 11, 1993. On March 30, 1993, Harold Conley died from causes unrelated to the accident. Beginning in 1991, the parties began negotiating a compromise settlement. On July 29, 1992 and January 25, 1993, the employer's insurer offered a lump sum payment of $50,000 with a two year extension of medical benefits. On March 10, 1993, Harold Conley wrote the insurer and indicated that he had "decided to settle for the $50,000, the extension of two years of medical benefits, and also more money in lieu of a compromise settlement in regards to the work hardening program." The additional money sought by Harold Conley in lieu of money spent on the work hardening program was an additional proposal and not a part of the employer's offer. On April 23, 1993, after Harold Conley's death and before they were aware of it, the employer sent him a copy of a proposed settlement agreement for him to review and sign "[i]f all is in order." An affidavit and proposed order were attached. Employer directed Harold Conley to sign and return the documents so they could be presented to the commission for approval.

I.

If after injury or death, the employer and the injured employee or his dependents reach an agreement in regard to compensation or in compromise of a claim for compensation under this title, a memorandum of the agreement in the form prescribed by the Commission shall be filed with the Commission for approval. The agreement may be prepared by the employee, the employer or the compensation carrier. If approved, the agreement shall be binding, and an award of compensation entered upon such agreement shall be for all purposes enforceable as provided by Sec. 65.2-710. If not approved, the same agreement shall be void. Such agreement may be approved only when the Commission, or any member thereof, is clearly of the opinion that the best interests of the employee or his dependents will be served thereby.

Code Sec. 65.2-701(A) (emphasis added).

There was no final agreement between the parties. The proposed compromise settlement agreement was not signed by any of the parties or submitted with the commission for approval. Accordingly, the commission did not err in finding that the unexecuted proposed agreement was not enforceable.

II.

Because there was no validly executed agreement between the parties and before the commission, we need not determine whether the employer could withdraw its consent after Harold Conley's death.

Affirmed.


Summaries of

Conley v. Nielson Construction

Court of Appeals of Virginia
Mar 7, 1995
Record No. 1470-94-3 (Va. Ct. App. Mar. 7, 1995)
Case details for

Conley v. Nielson Construction

Case Details

Full title:VIOLET L. CONLEY, Executrix of the Estate of HAROLD VERLIN CONLEY…

Court:Court of Appeals of Virginia

Date published: Mar 7, 1995

Citations

Record No. 1470-94-3 (Va. Ct. App. Mar. 7, 1995)