Miami Workers Comp
Danny Duval v. The Home Depot, a Miami workers’ compensation case, regarded a mediation and settlement agreement. The employer and claimant agreed on separation and general release. The employer drafted settlement papers and forwarded them to the claimant, who refused to sign them.
A child support arrearage was presented to the claimant at the same time as the mediation agreement, and the claimant argued against the mediation settlement agreement in response. They claimed that the settlement papers broke the Mediation Settlement Agreement and that they had not been aware that their child support obligation would be taken from their net settlement.
The employer acknowledged that the additional claims in their draft settlement were an oversight that could be corrected, but the child support obligation was not at their discretion.
The JCC observed that the employer was not responsible for the child support obligation and that the parties had entered a valid and enforceable agreement regardless.
Employer motion to enforce GRANTED