Draft Settlement Agreement not Enforceable, 8th District Rules

A claimant who pursued a functional capacity evaluation before committing to a return-to-work date is not obliged to comply with the terms of an unsigned settlement agreement that included a date certain for her to return to her job, an Ohio appellate court ruled.The Eighth Appellate District reversed a decision by the Cuyahoga County Common Pleas Court that the claimant had entered into a valid enforceable settlement agreement in which time for performance was of the essence.Case: Dianna Smigelski v. Ben Venue Laboratories, No. 91252, 12/11/2008.Facts: Smigelski suffered unspecified injuries ...