Disability Law

Attorney Seeks Supreme Court Review of WC Settlement

By David A. McCranie, Esq.

Speaking of settlements, I've been watching the case of Manzini & Associates, P.A. v. Broward Sheriff''s Office, which I discussed here.  That's the case where the claimant, Wimberly, was simultaneously pursuing a workers' compensation claim and a discrimination claim against her employer, the Broward Sheriff's Office ("BSO"), but with a different attorney for each claim.  When she settled her workers' compensation claim, she signed an agreement which released BSO not just from liability for her workers' compensation claim, but from all liability.  That's when things got interesting.

Manzini (her discrimination lawyer) was shocked when he learned about the settlement and filed a motion in the pending discrimination action requesting that he be allowed to continue to pursue the claim so that he could recover his attorney's fees against BSO.  The trial court denied the motion and the Fourth DCA affirmed.  Manzini has sought review of the decision in the Supreme Court of Florida and has now filed his jurisdictional brief, which you can read here. 

According to Manzini's Statement of the Case and Facts, Wimberly testified below that she didn't realize she was settling her discrimination claim when she signed the release.  Her workers' compensation lawyer testified that he didn't know Wimberly even had a discrimination claim (although Wimberly insisted that she had told him about it).  BSO's position was that its representatives involved with the settlement of the workers' compensation claim were unaware of the existence of the discrimination claim.  Manzini also alleges that while the case was pending on appeal before the Fourth DCA, the trial judge recused himself from further involvement in the case because "BSO's human resources director and the chief decisionmaker" in the discrimination suit was the judge's brother.

Interesting stuff.  I'll keep watching.

Full post as published by Florida Workers’ Compensation Law Blog on June 30, 2008 (boomark / email).