Workers’ Compensation : Death Benefits – Lump Sum Settlement – Approval

Where a claimant of workers’ compensation death benefits entered into a voluntary agreement with the employer and insurer to commute the benefits into a one-time, lump sum, and the parties agreed that the settlement was not the result of undue influence or fraud and that the claimant understood her rights and the consequences of the settlement, the commission erred in refusing to approve the settlement.

Judgment is reversed and remanded.

Hinkle v. A.B. Dick Company (MLW No. 66607/Case No. WD76952 – 6 pages) (Missouri Court of Appeals, Western District, Howard, J.) Appealed from the Labor and Industrial Relations Commission (Joseph K. Lewis Jr. for appellant) (Julie Neese Sample for respondent).

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