A unanimous Colorado Supreme Court this week ruled that an injured worker could reopen his comp claim after agreeing to a settlement that waived his entitlement to compensation for injuries that were then unknown.
The court reasoned that a boilerplate provision in a state-generated settlement form could not trump Victor England’s statutorily granted right to have the settlement set aside as the product of a mutual mistake of material fact.
Since England and his employer had both been unaware he had a broken shoulder when they agreed to settle, the court said Section 8-43-204(1) al...
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