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Split Supreme Court Awards Penalties, Fees to Worker Who Refused to Sign Settlement Check

Monday, December 28, 2020 | 0

A divided Louisiana Supreme Court ruled that a worker is entitled to penalties and fees based on a carrier’s failure to timely tender payment of a settlement. Case: Zinn v. Zagis USA LLC, No. 2020-C-00971, 12/22/2020, published. Facts: Walter Zinn allegedly sustained an eye injury in 2016 while employed by Zagis USA LLC. Zagis agreed to pay Zinn $40,000 to settle the claim. The workers’ compensation insurance carrier for Zagis sent two checks to Zinn’s attorney as payment of the settlement. The back of each check bore language indicating that Zinn’s endorsement const...

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