Ferreira v. Home Depot/Sedgwick CMS

Claimant challenges an order of the Judge of Compensation Claims (JCC) granting the Employer/Carrier’s (E/C) Motion for Repayment of Seed Money, arguing the JCC erred by reforming a final contract of settlement between the parties. We agree, and reverse.

The parties to this workers’ compensation claim entered into a settlement agreement, which included funds for Claimant to establish a workers’ compensation Medicare Set-Aside Account (MSA). The settlement contract expressly states that Claimant, and not the E/C, is responsible for administering the MSA. The agreement provides that the sums…