In cases that are settled by Compromise & Release, if the claimant dies before a decision is rendered, the Agreement is null and void

The Commonwealth Court of Pennsylvania decided in 2008 that a settlement by C&R is null and void in cases where the claimant died before approval.

In the case of Crawford v. WCAB (Centerville Clinics, Inc.) claimant and employer settled her workers' compensation case. A hearing was held to approve the Compromise and Release Petition resolving the matter. Claimant appeared and testified that she understood the full legal significance of the C&R, that she had fully reviewed the paperwork with her lawyer, and that all of her questions had been answered.

Because there was an issue as to whether a child support arrearages existed, as required by the Act in Compromise and Release Agreements, the decision was not issued from the Bench immediately. Claimant died four days later. On the following day the Judge issued his order approving the settlement.

Defendant appealed and the Commonwealth Court upheld the appeal finding that the agreement was not valid or binding unless approved by a WCJ in an opinion.

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