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Haas v. State Compensation Insurance Fund

Court of Workers Compensation of Montana

October 27, 2000

ALLEN J. HAAS Petitioner
v.
STATE COMPENSATION INSURANCE FUND Respondent/Insurer for NEWMAN RANCH Employer.

          LEWIS, HUPPERT & SLOVAK, P.C. Mr. J. David Slovak Attorney for Petitioner

          STATE COMPENSATION INSURANCE FUND Mr. Thomas E. Martello Attorney for Respondent

          SETTLEMENT AGREEMENT

         Petitioner, Allen J. Haas (Haas), and Respondent, State Compensation Insurance Fund (State Fund), agree to settle the Petition herein as follows:

         1. Haas was seriously injured in the course and scope of his employment on June 9, 1990. State Fund accepted liability for Haas' injury pursuant to the Workers' Compensation Act of Montana. Haas filed his Petition in the instant proceeding in January 2000, and an Amended Petition in March 2000. State Fund adjusted Haas' workers' compensation claim from June 1990 through September 13, 2000, when the parties orally agreed, before Judge Mike McCarter, to settle the Petition herein according to the terms set forth below.

         2. State Fund agrees to pay Haas SIX HUNDRED NINETY THOUSAND AND NO/100 DOLLARS ($690, 000.00) (the Settlement Sum). In consideration of the settlement, the State Fund agrees to pay the Settlement Sum as follows:

a. Sum due at the time of settlement, as follows: TWO HUNDRED FIFTY-TWO THOUSAND TWO HUNDRED FORTY-NINE AND NO/100 DOLLARS ($252, 249.00), by draft made payable to Allen J. Haas.
b. Sums due as periodic payments, scheduled follows: See, Appendix A.
c. All sums received hereunder constitute medical benefits under the Montana Workers' Compensation Act and are deemed by the parties as workers' compensation within the meaning of section 104(a)(1) of the Internal Revenue Code of 1986 as amended.
d. Haas is disabled from and may not, directly or indirectly, by assigning or otherwise, sell, mortgage, encumber or anticipate any payment or party of any payment, to be made under this Settlement Agreement. Additionally, Haas may not accelerate, defer, increase or decrease any payment, or part of any payment.
e. Neither the Insurer nor the State Fund must set aside any asset to fund payments to be made to Haas under this Settlement Agreement. Additionally, Haas is merely a general creditor of the Insurer and State Fund.
f. Any payment to be made under this Settlement Agreement after Haas' death shall be to the individual or entity that Haas has designated in a writing, signed by Haas or by Haas' authorized representative and delivered to the Insurer or the Insurer's Assignee before Haas' death. If Haas does not make a designation as prescribed in this paragraph or if the designated person has died or the designated entity has ceased to exist before Haas' death, any payment to be made under this Settlement Agreement after Haas' death shall be to Haas' estate.
g. Haas may request to change the designation at any time by delivering in writing, signed by Haas or Haas' authorized representative, to the Insurer or the Insurer's Assignee before Haas' death. Any change in the designation becomes effective only after the Insurer or the Insurer's Assignee has changed the beneficiary designation on an annuity contract funding this Settlement Agreement.

         3. In consideration for payment of the Settlement Sum, Haas agrees to settle and forever compromise his future medical expenses under § 39-71-704, MCA (1989), inclusive of domiciliary care benefits. The parties agree that they have executed this Settlement Agreement to compromise all claims existing between the parties and the parties hereby mutually release any and all claims, reserving only such claims that might arise from a breach of this Settlement Agreement. It is the mutual intent of the parties that the execution of this Settlement Agreement and its terms shall fully and forever terminate all dealings between Haas and the State Fund. The Haases represent and warrant: a) that no claims for any type of benefit under the Workers' Compensation Act of Montana or damages available pursuant to statutory or common law arising from or related in any way to the injury of June 9, 1990, and the State Fund's adjustment of the claim relating to that injury are reserved by them; and b) that receipt of the settlement sum is full and adequate consideration for this general release.

         4. The parties have stipulated that Haas is permanently totally disabled. As such, Haas agrees that he shall not engage in any employment for which the State Fund or its successors or assigns may provide workers' compensation coverage, occupational disease or employer's ...


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