BRUNSWICK CORPORATION AND GAB BUSINESS SERVICES, APPELLANTS,
v.
ROBERT CUMMINGS, APPELLEE

Fla. 1st DCA | 1994-12-23
No. 93-1656
MICKLE and BENTON, JJ., concur.
648 So. 2d 787 Florida District Court of Appeal, First District (1994) Caution
Cited by 6 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Brunswick Corporation and GAB Business Services appealed a judge of compensation claims' order tolling the statute of limitations for workers' compensation medical benefits. The court reversed, holding that a settlement agreement with explicit language preserving future medical benefits was unambiguous and therefore not subject to the JCC's tolling determination.


Holding

The settlement agreement was unambiguous as a matter of law because it contained at least eight explicit references preserving future medical benefits. The JCC erred in determining the agreement was susceptible to multiple interpretations. Cummings' subjective understanding was not determinative, particularly given he signed the agreement, was represented by counsel, and did not allege coercion.


Headnotes

[1] A settlement agreement, like any other contract, is generally construed as a matter of law unless its terms are susceptible to more than one interpretation, in which case…

[2] A party's understanding of a settlement agreement is not determinative of its interpretation, particularly when the party was represented by counsel, signed the agreement…

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Key Quotes

“The settlement agreement specified that the E/C's liability was discharged thereby, 'other than liability for future medical expenses.'”

Establishes the explicit preservation of future medical benefits in the settlement agreement

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Facts & Procedural History

The employer acknowledged compensability for industrial accidents in 1979 and 1986, with the last authorized medical treatment on September 25, 1986. …

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Opinion of the Court
BOOTH, Judge.

BOOTH, Judge.

This cause is before us on appeal from the judge of compensation claims’ (JCC) order tolling the statute of limitations1 and requiring Brunswick Corporation and GAB Business Services (E/C) to authorize Cummings’ medical treatment and pay taxable costs. We reverse.

The E/C acknowledged compensability for Cummings’ industrial accidents in 1979 and 1986, and last authorized medical treatment on September 25, 1986. Cummings unsuccessfully sought medical treatment through his employer on November 8,1987. On April 5, 1989, the parties entered into a lump-sum settlement agreement which was approved by the JCC on April 11, 1989. The settlement agreement, Cummings’ affidavit attached thereto, and the order each explicitly provided that future medical expenses were not affected by the settlement agreement. Specifically, the agreement, affidavit, and or der each provided that the E/C’s responsibility for future medical benefits “remains as it now is for the time and in the manner provided by law.” The settlement agreement specified that the E/C’s liability was discharged thereby, “other than liability for future medical expenses.” Cummings’ affidavit explicitly provided that he understood the settlement agreement waived all claims and discharged the E/C’s liability “other than for future medical benefits.” The heading of the order provided, in bold capital lettering, “ORDER FOR RELEASE FROM LIABILITY FOR FUTURE PAYMENTS OF COMPENSATION, REHABILITATION EXPENSES, OR DEATH BENEFITS BUT EXCLUDING MEDICAL EXPENSES.” (Emphasis added.) Finally, centered in bold capital lettering on the bottom of the order were the words “MEDICAL LEFT OPEN”.

The last compensation was paid on March 23,1989, shortly prior to the order approving the settlement agreement. Subsequently, on July 2, 1992, Cummings filed a claim for medical benefits. The E/C refused coverage, asserting that the two-year statute of limitations had run.2 The JCC determined, inter alia, that Cummings did not understand the language in the 1989 settlement agreement, that the settlement language was ambiguous and could be interpreted to mean that authorization for medical care and treatment continued to be denied, and that the statute of limitations was, therefore, tolled.

The construction of a “washout” settlement agreement, like any other contract, is generally a question of law, unless its terms are susceptible to more than one construction, in which ease a factual issue is presented regarding the intended effect of the settlement to be determined by the JCC. Wood & Wood v. Dort, 625 So. 2d 42 (Fla. 1st DCA 1993). The JCC in the present case has erred as a matter of law in determining that the settlement agreement was susceptible to more than one interpretation and that the agreement precluded Cummings from seeking medical care. As explicitly discussed above, there are at least eight separate references in the settlement agreement, order, and affidavit that future medical benefits were not affected thereby. The JCC’s determination that Cummings did not understand the settlement agreement, even if correct, is not determinative of the issue, especially considering that Cummings signed the agreement and supporting affidavit, was represented by counsel at the time, and does not allege that he was coerced into making the settlement or signing the agreement.

Accordingly, the order below is REVERSED.

MICKLE and BENTON, JJ., concur. . We have reviewed similar orders: Commercial Roof Decks v. Flippo, 616 So. 2d 138 (Fla. 1st DCA 1993); Eagle Point Mobile Home Estates v. Smith, 475 So. 2d 992 (Fla. 1st DCA 1985).

. Section 440.19(l)(a) & (b) bar disability compensation and remedial attention claims filed more than two years after the last payment of compensation.


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Citator

Cited By

  • Czopek v. Great Chems. & GAB Bus. Servs., Inc., 778 So. 2d 996 (Fla. 1st DCA 2000)
    …est for further benefits.1 The JCC was merely being asked to construe the settlement agreement to determine its effect on benefits previously provided to the claimant, a matter clearly within the province of the JCC. See Brunswick Corp. v. Cummings, 648 So. 2d 787, 788 (Fla. 1st DCA1994). The settlement agreement is silent as to past benefits which have been provided. The opening paragraph of the washout agreement states that its intent is to release the E/C from “further” liability. Absent language to the c…
  • Gulfstream Press, Inc. v. Acle, 697 So. 2d 213 (Fla. 1st DCA 1997)
    …er the date of the last [*216] remedial attention or rehabilitative services furnished by the employer.... We do not disturb that finding of fact, but we do not agree that the statute of limitations was tolled here. In Brunswick Corp. v. Cummings, 648 So. 2d 787 (Fla. 1st DCA 1994), the judge of compensation claims concluded that the statute of limitations had been tolled because he found the language in the settlement agreement was ambiguous. In reversing, this court held that the determination that Mr. Cu…
  • Somoza v. Sears Serv. Ctr. Specialty Risk Servs., Inc., 868 So. 2d 591 (Fla. 1st DCA 2004)
    …determine the causal relationship to the workplace accidents, the JCC erred in denying authorization for Claimant’s MRI. Under contract law, a settlement agreement ratified by the JCC is interpreted as a matter of law. Brunswick Corp. v. Cummings, 648 So. 2d 787, (Fla. 1st DCA 1994). However, if the settlement terms are subject to more than one construction, a factual issue arises, and the JCC must determine the intended effect of the contract. Id.; see also Barefoot v. Sears Roebuck & Co., 650 So. 2d 1036…

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