Greetings, an issue has come up recently on two of my files where the adjuster settled the file with a claimant directly pro se. The issue is whether the settlement covers “any and all claims”.
In one, the claimant alleged he did not think he was settling his other claim. In the other file, the JCC did not allow us to use the language of “any and all claims” in the settlement documents. The JCC wanted any other claims to be listed specifically by date of accident.
So, if you are settling direct with a claimant, be clear in your communications that the settlement resolves each reported accident date, even old ones where the SOL has run.
Also, as a reminder, the JCC’s are going to look to see that any Impairment benefits were paid or they won’t approve the settlement. You can’t just lump them in to the settlement, carve them out and pay them first so it shows on the payout ledger.
And as a guide to help you, attached is a cheat sheet for you to run through when settling a claim with a Claimant’s attorney and also additional items to cover with a pro se claimant.
Morgan Indek | Partner