| Date: | 08/11/2000 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 015105-87 |
| Location: | Boston |
- Employee: Gilbert Terrell
- Employer: McDonald's
- Insurer: American Motorists Insurance Co. / Kemper County Mutual Ins. Co.
WILSON, J. The insurer appeals from a decision in which, after the employee had settled his case in 1991 by §48 lump sum agreement, an administrative judge awarded further §36 benefits related to a September 24, 1997 surgery. Because the 1991 lump sum agreement specifically referenced the separate payment of §36 benefits, contemporaneous with the execution and approval of the lump sum agreement, we conclude that liability for further §36 benefits was redeemed in that agreement. We therefore reverse the decision.