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Keywords

contractsettlementworkers' compensationadministrative law

settlementworkers' compensation

Related Cases

United Airlines, Inc. v. Kozel, 33 Va.App. 695, 536 S.E.2d 473

Facts

Mark F. Kozel was employed as a pilot for United Airlines when his plane was struck by lightning on August 5, 1992, resulting in injuries that led him to file claims for benefits in both Virginia and Illinois. The parties stipulated that Kozel suffered a change in condition that caused total disability beginning January 31, 1999, and that they entered into a settlement contract in Illinois, which included language settling all claims arising from the accident, including the concurrent Virginia claim. However, neither party submitted the Illinois settlement documents to the Virginia Workers' Compensation Commission for approval as required by law.

Claimant was employed as a pilot for employer on August 5, 1992. While en route from Phoenix, Arizona to Washington, D.C., his plane was struck by lightning. Claimant felt an electrical charge in his right leg. He had resulting paresthesia and weakness in that leg.

Issue

Whether the Workers' Compensation Commission was required to give full faith and credit to the Illinois settlement and whether it could retroactively approve that settlement without the agreement of the parties.

Employer contends the Workers' Compensation Commission (“commission”) erred in awarding temporary total and medical benefits to Mark F. Kozel (“claimant”).

Rule

The Commission is not bound by the findings of another state's administrative law agency and must have agreement from all parties to approve a settlement under Virginia law.

The commission stated that Illinois had no power to include the language specifically settling the claimant's Virginia claim and, thus, the commission was not required to give full faith and credit to the Illinois settlement.

Analysis

The court applied the rule by determining that the Illinois Commission's approval of the settlement did not include specific findings of fact or conclusions of law regarding the Virginia claim. The Commission reasoned that it was not required to give full faith and credit to the Illinois settlement because it could not adjudicate the appropriateness of the settlement under Virginia law. The court emphasized that the Illinois Commission lacked the authority to settle Kozel's Virginia claim.

Using the United States Supreme Court's decision in Thomas, 448 U.S. 261, 100 S.Ct. 2647, the commission reasoned that 'one State has no legitimate interest within the context of the federal system in preventing another State from granting a supplemental award of compensation benefits, when the second State would have had the power to apply its workers' compensation law in the first instance.'

Conclusion

The court affirmed the Commission's decision, awarding Kozel temporary total disability benefits and granting the employer a dollar-for-dollar credit for the amount paid under the Illinois settlement.

For the foregoing reasons and finding no error, we affirm the commission's finding.

Who won?

Mark F. Kozel prevailed in the case because the court upheld the Commission's decision to award him benefits, finding that the Illinois settlement did not bar his claim for additional benefits in Virginia.

Claimant accepted and received benefits under the Illinois settlement and the Virginia claim.

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