Workers’ Compensation : Settlement Agreement – Specific Performance – Medical Benefits

Where an injured worker who entered into a settlement agreement with his employer and its insurer sought approval for a knee replacement surgery, arguing that he fulfilled the conditions precedent to receiving medical benefits under the agreement, the trial court erred when it dismissed the case for lack of subject matter jurisdiction, and the court lacked the statutory authority to resolve the worker’s request for specific performance because workers’ compensation law provides the exclusive remedy, so the judgment is reversed and remanded.

Judgment is reversed and remanded.

Pierce v. Zurich American Insurance Company (MLW No. 66924 – 10 pages) (Missouri Court of Appeals, Western District, Ellis, J.) Appealed from circuit court, Jackson County, Torrence, J. (Jerrold Kenter for appellant) (Larry D. Fields for respondent).

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