Decision

Decision Leonard Harlow v. Robert Johansen d/b/a Johansen Construction

Date: 03/11/2005
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 56608-97
Location: Boston
  • Employee: Leonard Harlow
  • Employer: Robert Johansen d/b/a Johansen Construction
  • Insurer: AIM Mutual Insurance Co.

MCCARTHY, J. Does the approval of a lump sum settlement agreement, where liability has not been established and which redeems liability for the payment of medical benefits, bar a subsequent claim for reimbursement by the Veteran's Administration for medical treatment provided of an injury which the employee claimed was work related? We conclude that the administrative judge erred in dealing with this issue of first impression when he denied the VA's claim for reimbursement. Accordingly, we reverse in part, and recommit the case for further findings.

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