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Supreme Court Says Worker Can Reopen Claim After Settlement

By Sherri Okamoto (Legal Reporter)

Thursday, June 1, 2017 | 1383 | 0 | 0 min read

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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