Robert Sherland v. American Airlines Group was a workers compensation case concerning a settlement in the amount of $55,000. The claimant objected that a settlement had been reached, citing Florida Statute 44.405 in that the mediation agreement was not signed by both parties. However, the E/C defended that although there was no written agreement, testimony established that the settlement was agreed upon, following the case of Brickell Fin. Svcs Motor Club Inc. v. Road Transportation LLC.
The claimant did not execute the final agreement, but they did file a Notice of Resolution of Issues and Notice of Voluntary Dismissal, closing the file officially and cancelling the final hearing. Through testimony of both the E/C and claimant, it was found that the claimant had accepted the employer’s offer, citing the case King v. Bray. Following Jacobsen v. Ross Stores, the settlement was determined to be binding, despite not being in written form.
E/C motion to enforce GRANTED
Source: The 440 Authority