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precedent for setting aside workers/comp settlement

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S

sondra

Guest
workers/comp claim settled 5-11-98, as well as 3rd party personal injury suit by mediation. however, since then i have discovered that my former employer had placed me on company paid long-term disability without giving this information to me, my lawyer, the worker's comp carrier or even their own lawyers. i have neve received any disability payments, and according to company benefits i place at that time, i would be entitled to disability pay,ments until i reach the age of 65 or die. consequently, in the terms of the setlement, i agreed not to seek any further beneits rom former employer. If i had known of the disability details, i would never had agreed to the terms of the settlement, and my lawyer certainly would not have advised me to settle the claim. my former employer had terminated me before the settlement was reached, but never gave me a reason for the termination. I know now it was because they had placed me on disability. my original lawyer is looking into this matterbut haven't heard from him yet. Is there a precedent for having a settlement set aside when important details like this were kept from all parties involved? the cmpany i worked for has denied my retirement benefits also, because of the language in the original settlement. do i have any legal grounds to re-open the case so the judge will know of these previously unknown facts? thanks for your assistance. I live in Louisiana.
 


ALawyer

Senior Member
This is one that depends on the exact facts and LA law, and I do not know either. Your lawyer will have to handle this, or a new lawyer IF the old one messed up (in which case S/HE may be guilty of LEGAL MALPRACTICE).
 

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