Worker Can't Enforce Settlement Agreement Conditioned on CMS Approval of MSA

A Louisiana appellate court ruled that an injured worker could not enforce a settlement agreement and penalize her employer for failing to make payment when the employer’s obligation was conditioned upon the approval of a Medicare set-aside account, which had not yet been established. Case: Ortega v. Cantu Services, No. 17-1123, 05/02/2018, published. Facts and procedural history: Mary Ortega worked for Cantu Services. She filed a workers’ compensation claim in 2014. Cantu later agreed to settle the claim for $120,000. At the hearing to obtain judicial approval for the...