#MotiontoEnforce
Roberto Davila v. Pepsico d/b/a Frito Lay, Inc. and Sedgwick CMS
In Roberto Davila v. Pepsico d/b/a Frito Lay, Inc. and Sedgwick CMS pursuant to the E/C motion to enforce settlement, and claimant’s representation at the motion hearing that he had no objection, the JCC concluded the parties had reached a binding settlement and the E/C motion was GRANTED.
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Michael Emmanuel v. ADP TotalSource CO XXI, Inc. and Helmsman Mgmt Services
In Michael Emmanuel v. ADP TotalSource CO XXI, Inc. and Helmsman Mgmt Services A mediation agreement indicated the parties had settled the claim for $7,500 inclusive of a $1,500 attorney fee. Claimant subsequently changed his mind believing the settlement to be insufficient, and refused to execute the E/C prepared paperwork. This prompted the E/C to
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Michael Corker v. GL Staffing Services, Inc. and Amerisure Insurance
In Michael Corker v. GL Staffing Services, Inc. and Amerisure Insurance unrepresented claimant agreed to a settlement at mediation but later changed his mind. The E/C moved to enforce. Because claimant was not represented at mediation, the JCC observed the statute specifically mandated judicial approval of the settlement before it became final and enforceable. E/C
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Vincente Guerra v. Burlington Hospitality, Inc. dba Holiday Inn and Employers Assurance Company
In Vincente Guerra v. Burlington Hospitality, Inc. dba Holiday Inn and Employers Assurance Company Claimant’s counsel testified at this E/C motion to enforce settlement hearing that his client had granted him clear and unequivocal authority to settle the case for $45,000 inclusive of attorney fees. This testimony was uncontroverted. Consequently, the JCC GRANTED the E/C
Nelson Roger Perez v. American Rehabilitation Medical Center, Corp. and None
In Nelson Roger Perez v. American Rehabilitation Medical Center, Corp. and None Claimant’s former counsel testified he always communicated with claimant in Spanish and the claimant had provided him with the authority to accept the settlement of $4,500 inclusive at mediation. Claimant subsequently refused to sign the settlement documents, prompting the E/C to file this
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Devon Brooks v. Season Service Select, LLC and PMA Insurance Company
In Devon Brooks v. Season Service Select, LLC and PMA Insurance Company during his testimony at this E/C motion to enforce settlement hearing, claimant confirmed he entered the washout agreement of $7,900 inclusive. The delay in concluding the agreement was that he had difficulty traveling to his attorney’s office to sign the settlement documents. Based
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Erika Kogut v. Achieveability Therapy and Ascendant Claims Services
In Erika Kogut v. Achieveability Therapy and Ascendant Claims Services claimant moved to enforce a mediation agreement calling for the E/C authorization of an FCE. E/C responded, asserting they had already complied with the agreement. Neither the motion nor the response was verified and the respective allegations were clearly in conflict. The JCC opted not
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Sherry Cartechine v. Courtyard Management Corporation dba Courtyard by Marriott and Marriott International, Inc.
In Sherry Cartechine v. Courtyard Management Corporation dba Courtyard by Marriott and Marriott International, Inc. at this E/C motion to enforce hearing claimant agreed she had settled her claim for $5,000 inclusive at mediation. However, she refused to sign the settlement documents subsequently prepared by the E/C. The JCC agreed with claimant that she did